M.S.Zubair v. Syed Mustafa

THE HONOURABLE SRI JUSTICE GHULAM MOHHAMED C.R.P.No.3976 of 2011

ORDER

This Civil Revision Petition is filed against the judgment and decree dated 26.08.2011 passed in R.A.No.113 of 2010 by the learned Chief Judge, City Small Causes Court, Hyderabad, confirming the order of eviction dated 03.03.2010 passed in R.C.No.112 of 2008 by the learned Principal Rent Controller-cum12^th Junior Civil Judge, Hyderabad.

2. The respondent-landlord filed R.C.No.112 of 2008 seeking eviction of the petitioner-tenant from the petition schedule property stating that he requires the petition schedule property for his bona fide use and occupation to start business for his son. The trial Court, after consideration of the oral and documentary evidence, allowed the same directing the petitioner to vacate and hand over the petition schedule premises to the respondent within a period of one month from the date of the said order. Aggrieved by the same, the petitioner filed R.A.No.113 of 2010 and the appellate Court, on re-appreciation of the entire evidence and perusal of the material available on record, dismissed the appeal confirming said order of eviction and granted further one month time to the petitioner to vacate and hand over the vacant possession of the petition schedule property. Aggrieved by the same, the petitioner filed the present civil revision petition.

3. Both the Courts below, on consideration of material available on record, concurrently held that the requirement of the petition schedule property by the respondent is bona fide though

negatived the willful default of the petitioner in payment of the rents. In view of the said concurrent findings arrived at by the Courts below, I find no reason to interfere with the same. The Civil Revision Petition is devoid of merit and the same is accordingly dismissed. However, eight months time is granted to the petitioner-tenant to vacate the petition schedule property from today. No costs.