A.V.D.S. Prasad , Avala Maruthi v. Desu Venkata Brahmendra Babu

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CIVIL REVISION PETITION No.1161 of 2010 ORDER:

This Civil Revision Petition is filed against the order dated 29.01.2010 passed by the Principal Senior Civil Judge at Vijayawada (appellate authority) in RCCMA.No.186 of 2008, confirming the order dated 26.09.2008 passed by the Rent Controller in RCC.No.3/2006.

Heard both sides.

The respondent/landlord sought eviction of revision petitioner/tenant on the ground of willful default of the petitioner in paying the rents and in causing damage to the property. The Rent Controller allowed the eviction petition holding that there was willful default in payment of rents by the revision petitioner/tenant. Appellate Court also confirmed the same. No infirmity in the findings of both the Courts is brought to the notice of this Court. Rent Control Court as well as appellate Court has concurrently held that there was willful default on the part of the revision petitioner in paying rents to the respondent/landlord. A reading of the order passed by the original as well as appellate authority goes to show that the same is based on evidence and hence, this Court is not inclined to disturb the findings of fact arrived by the Court below. Hence the CRP is liable to be dismissed.

Accordingly, the Civil Revision Petition is dismissed. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed. Since the learned counsel for the revision petitioner sought time for vacating the premises by the petitioner, six months time is granted to the revision petitioner for vacating the premises on condition that the petitioner shall pay arrears of rent, if any, and continue to pay the rents in advance before the month starts and also file an undertaking to that affect before Rent Controller within eight (8) weeks from today.

_____________________________ A.RAJASHEKER REDDY, J 31.08.2017 tk