O R D E R:

This Civil Revision Petition is filed by the petitioner/tenant under Section 22 of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (herein after called in short ‘Rent Control Act’) against the Orders passed in RCA No.6 of 2013, dated 04.04.2014 on the file of Rent Control Appellate Authority-cum-Principal Senior Civil Judge, Kakinada, wherein and whereby the learned Appellate Judge dismissed the Rent Control Appeal filed by the revision petitioner/tenant confirming the Order of eviction passed by the Rent Controller-cum-Principal Junior Civil Judge, Kakinada in RCC No.3 of 2012, dated 28.06.2013.

2. The revision petitioner and respondent hereinafter referred to as tenant and landlord for the sake of brevity and convenience.

3. The landlord filed RCC No.3 of 2012 against the tenant under Section 10(2)(i), (3)(a)(iii), (3)(i)(a) of Rent Control Act, seeking eviction of tenant from the petition schedule shop room, bearing Door No.21-8-4-5, Majestic Cinema Street, Besides Judges’ Quarters, situated at Kakinada. It is the contention of the landlord that she is the absolute owner of the petition schedule shop room, and she let out the same to the tenant, in the month of June, 1996 on oral lease for her tailoring business, on a monthly rent of Rs.2,000/- for three years, and at the time of entering the oral lease, the tenant paid Rs.80,000/- to her towards an advance, which has to be returned at the time of vacating the premises, which would not carry any interest. The landlord submits that it was agreed between them that if lease period extended beyond three years, which can be on condition with 10% enhancement on existing rent, and accordingly the lease was extended upto the end of May, 2005 on enhanced monthly rent of Rs.2,660/-, on the same terms and conditions. The landlord also stated that after expiry of lease period by the end of May, 2005, she requested the tenant to vacate the premises, which she required for her personal occupation for running charitable trust, as she retired from the Government service, for which the tenant promised to vacate, but dragged the same on one pretext or the other, and then she issued notice to the tenant, who also issued reply. The landlord alleged that after exchange of legal notices, the tenant became chronic defaulter in payment of rents from 01.06.2006 onwards, not vacated the premises, due to that she filed OS No.375 of 2007 on the file of Principal Junior Civil Judge’s Court, Kakinada for eviction and for arrears of rent, but the Court partly decreed the suit, directing the tenant to pay Rs.23,195/- towards arrears of rent upto December, 2006 besides costs of the suit, but in spite of directions of the Court, the tenant failed to tender or pay any amount towards arrears of rent, and committed default in payment of rent from January, 2007 till filing of the eviction petition. The landlord submits that the tenant failed to deposit the rents into the Court, though she filed RCC No.1 of 2007, which was dismissed for default, which also not restored. As she is having advance amount of Rs.80,000/- with her, she adjusted the same towards decretal amount of Rs.23,195/-, and Rs.45,250/- towards arrears of rent from January, 2007 to May, 2008 @ Rs.2,660/- per month, and Rs.11,680/- towards arrears of rent from June, 2008 to September, 2008 @ Rs.2,920/-, in total Rs.80,125/-, still the tenant is liable to pay the arrears of rent from October, 2008 onwards. The landlord also submits that she retired from the service, who require schedule premises for her personal occupation for starting a charitable trust, and also a photostat shop, and then she issued legal notice to the tenant on 06.11.2011, directing her to vacate from the petition schedule premises by paying arrears of rent with damages, which she received but kept quiet.

4. The tenant filed counter before the Rent Controller, denying the averments in the petition. It is the contention of the tenant that she has n