IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY Civil Revision Petition No.3000 of 2009 Between: Mohd.Khaja Pasha,S/o.Mohd.Shaik Ismail, Aged 50 years, Business, Ramannapet, Warangal. ..... PETITIONERS AND Gangishetti Purushotham, S/o.Hanumaiah, Aged about 75 years, Occ: Teacher, Rangampet, Behind Krishna Theatre, Warangal. .....RESPONDENT ORDER: The respondent in R.C.C.No.1 of 2005 filed this Civil Revision Petition under Section 22 of the A.P.Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short ‘the Act’) aggrieved by Order, dated 04-11-2008, passed by the learned Appellate Rent Control Authority-cum-Civil Judge, Warangal, dismissing R.C.A.No.1 of 2008 and confirming Order, dated 21-02-2008, passed by the learned Rent Controller (Principal Junior Civil Judge), Warangal, in R.C.C.No.1 of 2005. The respondent herein is the owner of the business premises bearing No.12-8-49 situated at Ramannapet, Warangal District. The said mulgi was let out to the petitioner herein for running his business under the name and style of ‘Fine Metal and Works Shop’ on a monthly rent of Rs.250/-. While so, the respondent/landlord filed an application under Section 10 (2) (1) of the Act for eviction of the petitioner/tenant on two grounds viz., bonafide requirement and willful default committed by the petitioner/tenant. Before the Rent Controller, the respondent/landlord was examined as PW.1 and Ex.P.1 to P.3 were marked on his behalf and on behalf of the petitioner/tenant, he himself was examined as RW.1 and two others were examined as RWs.2 and 3 and Exs.R.1 to R.10 were marked. The Rent Controller, Warangal by Order, dated 22-02-2008, allowed the said RCC and ordered eviction on the ground that the petitioner-tenant has committed willful default in payment of rents. Aggrieved by the said eviction order, the petitioner/tenant filed R.C.A.No.1 of 2008 before the Appellate Rent Control Authority-cum- Principal Senior Civil Judge, Warangal, and the same was also dismissed by Order, dated 04-11-2008, confirming the order of eviction, dated 22-02-2008, and directing the petitioner-tenant to vacate the premises in question within a period of one month therefrom. In this Civil Revision Petition, it is submitted by the learned Counsel for the petitioner-tenant that there was an oral agreement of sale in favour of the petitioner-tenant and in pursuance thereof, he has been paying some amounts towards the sale consideration and therefore, his continuance in the said premises is not as a tenant and in spite of such defence, both the Tribunals below did not consider the same in proper perspective. I have perused the findings recorded by the Primary Tribunal as well as the appellate Tribunal. Both the Tribunals, while referring to the oral and documentary evidence on record, disbelieved the version of R.Ws.1 to 3 with regard to the oral agreement of sale. Inasmuch as the rent fixed at Rs.250/- was not being paid regularly, as evident from the documentary evidence available on record, the primary Tribunal, while ordering eviction, has correctly recorded a finding that there is willful default on behalf of the petitioner-tenant. Even the appellate Tribunal also, on a re- appreciation of the evidence on record, arrived at the same conclusion and confirmed the eviction. In view of the findings recorded by the Tribunals below, it cannot be said that the impugned orders are either perverse or illegal warranting interference of this Court under Section 22 of the A.P.Buildings (Lease, Rent and Eviction) Control Act, 1960. At this stage, it is submitted by the learned Counsel for the petitioner-tenant that pursuant to eviction order, dated 22-02-2008, in RCC.No.1 of 2005, the petitioner-tenant was evicted from the schedule premises. In the result, the Civil Revision Petition is devoid of merits and the same is, accordingly, dismissed. No order as to costs. ___________________ (R.SUBHASH REDDY, J) 13th August, 2009 lur