G KAUSHALYA DEVI Vs. GHANSHYAMDAS

JUDGEMENT

(1.) Leave granted.

(2.) Appellant is a tenant. His eviction from suit premises has been affirmed by the High Court in revision filed by him. Feeling aggrieved, he has filed this appeal.

(3.) Respondent-landlord filed eviction petition against the appellant under the provisions of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short, the 'Act') on three grounds, namely, (1) willful default in payment of rent; (2) bona fide requirement for personal occupation; and (3) the tenant does not require the premises as he had secured alternative accommodation. Premises are non-residential. During the course of proceedings before the Rent Controller, the ground of securing alternative accommodation was not pressed. Rent Controller held that there was default in payment of rent and also that the premises were required bona fide by the landlord for conducting his business. He ordered eviction of the appellant. The appellate authority under the Act affirmed the findings of the Rent Controller upholding the eviction of the appellant. Against that order, the appellant filed revision in the High Court under S. 22 of the Act. High Court by the impugned judgment was of the view that there was no wilful default in payment of rent by the appellant and on that finding order of eviction on that ground was set aside. On the remaining ground of bona fide requirement of the landlord, High Court concurred with the findings of both the Courts. This finding has been assailed before us by the appellant.