K. MOMIN BAI Vs. M.N. SUBRAMANIAN

JUDGEMENT

(1.) These Civil Revision Petitions are preferred by the petitioner aggrieved by the orders dated 27/07/2015 passed in R.A.Nos.173 and 91 of 2013 on the file of the learned Additional Chief Judge, City Small Causes Court, Hyderabad, confirming the order dated 06/08/2013 in R.C.No.473 of 2008 on the file of the learned II Additional Rent Controller, City Small Causes Court, Hyderabad, and the order dated 07.05.2013 in R.C.No.453 of 2008 on the file of the learned III Additional Rent Controller, City Small Causes Court, Hyderabad.

(2.) The petitioner in both these revisions is the respondent-tenant in the above R.Cs. and the respondent herein is the landlord. For better understanding of the matter, the parties hereinafter referred to as 'tenant ' and 'landlord '.

(3.) The brief facts of the case is that the respondent herein had let out his mulgi bearing H.No.1-2-606/198 situaterd at Banda Maisamma, Indira Park Road, Hyderabad, to the petitioner herein in the year 1996 to carry on the business of Medical and General Stores. Since the petitioner herein is not paying the rents and the mulgi which was let out to the tenant is required for the personal use, the landlord filed the R.C.No.473 of 2008 seeking eviction of the petitioner and he also filed R.C.No.453 of 2008 seeking fixation of fair rent in respect of the petition schedule property. The learned Rent Controller, after considering the entire evidence on record, allowed both the cases and directed the tenant to vacate and hand over the vacant possession of the petition schedule premises to the landlord within two months from the date of the order, solely on the ground of wilful default. Aggrieved by the said orders, the tenant filed in R.A.Nos.173 and 91 of 2013, both the appeals were dismissed confirming the judgement of the Rent Controller. But, the Appellate Court went ahead and calculated the rent with an enhancement @10% for every two years. Aggrieved by the said orders, the tenant preferred these revisions.