THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.Nos.5987 & 5988 of 2010 Date of Order: 24-12-2010 CT in CRP No.5987 of 2010 Between: G.V.Siva Kumar ..Petitioner And Gonela Durga Sundari ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.Nos.5987 & 5988 of 2010 Common Order: The petitioner/tenant filed these two revisions under Section 22 of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for brevity “Rent Control Act”) against the dismissal of R.C.C.M.A.Nos.47 and 46 of 2009 by the Principal Senior Civil Judge-cum-Appellate Authority under A.P. Buildings (Lease, Rent and Eviction) Control Act, Vijayawada (hereinafter called as “Appellate Authority”) dated 23-11- 2010 and confirming the order of eviction made by the Rent Controller- cum-IV Additional Junior Civil Judge, Vijayawada in R.C.C.Nos.34 and 33 of 2007, dated 19-03-2009 respectively. There is no dispute with regard to tenant and landlady relationship between the petitioner and the respondent in both the revisions. The respondent/landlady instituted RCC Nos.34 and 33 of 2007 seeking eviction of the tenant from residential and non- residential premises on the ground of wilful default in payment of rents from 01-01-2004 to 30-11-2006 i.e. for a period of 35 months at the rate of Rs.2,000/- for residential premises and at the rate of Rs.1,000/- for non-residential premises and personal occupation. Further, the petitioner/tenant filed O.S.No.2847 of 2006 for permanent injunction not to evict him from the premises in question except under due process of law. The petitioner/tenant denied wilful default in payment of rent and also personal occupation of the landlady contending that he deposited an amount of Rs.2 lakhs at the time of inception of tenancy with the mother of the landlady and the enhancement of rent from Rs.1,000/- to Rs.1,800/- for non-residential and from Rs.2,000/- to Rs.2,500/- for residential premises has not been acceded, the above eviction petitions are came to be filed. Both the Rent Controller as well as Appellate Authority found there is no proof of advancing Rs.2 lakhs by the petitioner/tenant to the respondent/landlady. Further, the petitioner/tenant, who was examined as R.W.1, admitted that the respondent/landlady is aged about 65 years, suffering with blood pressure and diabetics and there is also a suggestion by the counsel for the landlady, on the advise of the doctor, the landlady requires the petition schedule premises for her personal occupation since it is a ground floor and also admitted that both the residential and non-residential premises are adjacent to each other. As the petitioner/tenant committed wilful default in payment of rents and the respondent/landlady proved the fact that the premises in question requires for her personal occupation, the Rent Controller ordered eviction. The same was confirmed by the Appellate Authority. The concurrent finding of fact arrived by the courts below based on evidence adduced by the parties do not suffer from any perversity. When the tenant himself admitted that he has not paid rents from 01-01-2004 to 30-11-2006 and failed to establish deposit of Rs.2 lakhs with the mother of landlady, the lower court rightly ordered eviction on the ground of wilful default and landlady was also successful to demonstrate the personal need. Therefore, this Court does not find any ground to entertain these revisions and they are accordingly dismissed at the admission stage. However, time for vacating and handovering the vacant possession of both residential and non-residential premises is granted till 31-03-2011, subject to condition that all the arrears of rents shall be deposited by 31-01-2011 to the credit of RCC.Nos.34 and 33 of 2007 and continues to deposit the future rents from the month of December, 2010 onwards on or before 10th of succeeding month. In default of payment of either of the amounts, i.e. arrears of rents or monthly rents, the respondent/landlady is entitled to execute the decree seeking eviction of the petitioner/tenant. _________________ A.GOPAL REDDY, J. 24-12-2010 Murthy