- (1.) Leave is granted.
(2.) This appeal is directed against the order of the High Court of Andhra Pradesh at Hyderabad in C.R.P.No. 5093 of 1996 dated September 5, 2000 (reported in 2001 AIHC 213), allowing the revision filed by the respondent landlord and setting aside the order of the appellate authority in R.A.No.97 of 1991 dated July 12, 1996 confirming the order of the Principal Rent Controller, Secunderabad in R.C. No. 355 of 1980 dated December 31, 1990.
(3.) The appellant is the tenant and the respondent is the landlord of the building bearing Municipal Assessment No.7-3-181 to 183 and 209 situated at Ghasmandi, Secunderabad (for short, 'the building'). The appellant obtained the building which comprises of both residential as well as non-residential portions, from the respondent on the monthly rent of Rs.160/- under the agreement of tenancy dated February 5, 1974. The respondent filed eviction petition R.C.No.355 of 1980 praying for eviction of the appellant from the building on as many as three grounds, the only ground with which we are concerned here is bona fide requirement of the respondent under Section 10(3)(a) of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short, 'the Act'). The appellant contested the petition denying that the need of the respondent was bona fide. The learned Rent Controller, on considering the evidence placed before him, came to the conclusion that the requirements of the said provision were not satisfied and dismissed the eviction petition. On appeal the learned Chief Judge, City Small Causes Court - Appellate Authority under the Act - on scrutiny of the evidence including the additional evidence allowed to be adduced by the parties, dismissed the appeal - R.A. No. 97 of 1991 - on July 12, 1996. The respondent carried the matter in revision before the High Court in C.R.P.No.5093 of 1996 which was allowed by the impugned order. That is how this appeal came to be filed.;