M/S.Goverdhan Das Pa., v. Manish Gupta,

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Civil Revision Petition No. 687 of 2016 Order:

The petitioners herein are the tenants and the respondent - landlord filed RC No.78 of 2013 on the file of the Principal Rent Controller, Secunderabad, seeking eviction of the petitioners - tenants from the petition schedule mulgi on the ground of personal requirement. The learned Rent Controller ordered eviction, by an order dated 15.10.2014, and the same was challenged by the petitioners - tenants before the Additional Chief Judge, City Small Causes Court, Hyderabad, in RA No.46 of 2015. The order of the Principal Rent Controller was confirmed, by an order dated 16.11.2015, and challenging the same, the present Civil Revision Petition is filed.

2. As stated above, the RC was filed by the landlord seeking eviction of the tenants from the petition schedule mulgi bearing No.4-3161(old) and 4-3-161/3/1(new) in the ground floor of the building bearing old No.2153, situated at Mahankali street, H i l l Street, Secunderabad.

3. The landlord was examined as PW.1 and marked Exs.P1 and P2 in support of his case. On behalf of the tenants, one Surender Kumar Sharma was examined as RW.1, but no documents were marked on their behalf.

4. After considering the oral and documentary evidence, the trial Court held that there was a bona fide requirement of the landlord and, accordingly, ordered eviction of the tenants from the petition schedule property, by an order dated 15.10.2014 and the same was confirmed by the appellate Court.

5. In view of the concurrent findings of fact recorded by both the Courts below, this Court is not inclined to admit the present Civil

Revision Petition. However, the time for eviction of the petition schedule mulgi is granted till 30.06.2016, for which purpose the petitioners - tenants shall file an undertaking before the Principal Rent Controller, Secunderabad, agreeing to vacate the premises by that date, within a period of fifteen (15) days from the date of receipt of a copy of this order. The petitioners-tenants shall continue to pay the monthly rents till vacation. If the petitioners-tenants failed to file undertaking and pay the monthly rents, the respondent - landlord is at liberty to seek eviction of the petitioners-tenants.

6. With the above observations, the Civil Revision Petition is dismissed. However, in the circumstances, no costs.

7. As a sequel thereto, the miscellaneous petitions, if any, pending in this Civil Revision Petition shall stand closed. ________________________ A.

RAMALINGESWARA RAO, J.

Date: 09.02.2016 Nsr