THE H ON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITION No.1456 OF 2010 ORDER: 1 The unsuccessful tenant against whom the respondent herein initiated proceedings U/s.10 (2) (i) (v) of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short ‘the Act’) for eviction of the revision petitioner (tenant) from the petition schedule premises and for delivery of possession, filed this revision aggrieved by the judgment dated 24.11.2009 made in RCA No.1 of 2009 by the learned Senior Civil Judge, Mahabubnagar whereby the learned Senior Civil Judge while dismissing the said RCA confirmed the findings given by the learned Rent Controller-cum-Junior Civil Judge, Mahabubnagar in RCC No.1 of 2007 dated 02.02.2009. 2 The admitted case of the respondent is that he is the absolute owner of the building bearing No.2-3-44/1, Vepurigeri, Mahabubnagar and the same was leased out to the petitioner herein in the year 1989 and the petitioner is carrying on business in it. As the said building is required for his personal occupation as his son wants to start business, and, further, as the building also requires major repairs since the same was constructed about 70 years back, the respondent requested the petitioner to vacate the said premises, but as the petitioner refused to do so, he filed RCC No.1 of 2007 and the same was contested by the petitioner. During the course of trial, the respondent besides examining himself as P.W.1, got examined two more witnesses as P.Ws.2 and 3 and got exhibited Exs.A.1 to A.7. The petitioner herein got himself examined as R.W.1, but no documents were marked on his behalf. The learned Rent Controller, having analysed the said oral and documentary evidence came to the conclusion that the said requirement of the respondent herein is bona fide and accordingly ordered eviction of the petitioner herein from the schedule property by his order dated 02.02.2009. Questioning the same, the petitioner herein preferred RCA No.1 of 2009 under section 21 of the Act and the learned Senior Civil Judge, Mahabubnagar having heard the counsel on both sides and reappreciating the entire evidence on record came to the conclusion that the trial court has rightly held that there is willful default in payment of rents by the petitioner herein and also the building is required for effecting major repairs and accordingly dismissed the said appeal. Questioning the same, the petitioner preferred this revision. 3 Heard both sides. 4 Having considered the said submissions made by the counsel for the petitioner – tenant and the respondent – landlord, I am of the firm view that both the courts below have rightly concluded that the requirement of the said premises by the respondent is bona fide, there is willful default in payment of rents by the petitioner and the building is required for effecting major repairs since the same is very old one and is in dilapidated condition and hence this court cannot take a different view contradicting with the concurrent findings given by the courts below. Hence this revision is not maintainable. 5 When this court expresses the above opinion that this is not a fit case for interference, the learned counsel for the petitioner submitted that if sufficient time is given, the petitioner is ready to vacate the schedule premises and handover the vacant possession of the same to the respondent herein. 6 In the light of the said submissions made by the learned counsel for the petitioner I see no reasons to interfere with the well considered findings given by both the courts below. However, five months time from today is granted to the petitioner to vacate the petition schedule premises and hand over vacant possession of the same to the respondent herein. It is made clear that the petitioner shall pay the admitted rents during this period i.e. up to 31.03.2011 and he shall handover vacant possession of the schedule premises to the respondent herein on or before 31.03.2011. 7 This revision is accordingly disposed of. No order as to costs. -------------- 29.10.2010 C.C. in two days Kvsn