Case: Ahmad and Ors Vs. Mohd. Osman

2. The respondent herein filed Eviction Petition R.C. No.33 of 1997 before the Principal Rent Controller, Secunderabad against Ahmad alias Mohd. Ahmad and Eviction Petition R.C. No.125 of 1997 before XVIII Junior CivilRent Controller at Secundarabad against Meer Sattar Ali seeking eviction of the tenants/appellants herein. Both the eviction petitions were dismissed on the ground that the jural relationship between the parties as landlord and tenants is not established. The Trial Court thus, concluded that there is no question of wilful default in payment of rent by the tenants. Incidentally, it also held that the premises in question are not required for bona fide purpose of the landlord i.e. for additional accommodation. The orders passed by the Principal Rent Controller, Secunderabad were questioned by the landlord/respondent herein in R.A. No.23 of 2001 and R.A. No.232 of 1999 on the file of Additional Chief Judge, City Small Causes Court, Hyderabad, which came to be allowed. The judgments passed by the Rent Appellate Court were affirmed by the High Court of Judicature Andhra Pradesh in Civil Revision No.2374 of 2004 and Civil Revision No.2375 of 2004. Hence, the aggrieved tenants are before this Court.

Reasoning: 7. We find that the Rent Appellate Court as well as the High Court have rightly and concurrently concluded that thehas established a jural relationship. The landlords mother, though was not in the habit of issuing rent receipts, had maintained the account book Exhibit P4, which depicts the rent paid by tenants. Based on the number of documents filed by theand the oral evidence, the High Court as well as the first appellate court have recorded a concurrent finding of the fact that the tenant failed to establish his ownership in the demised premises and that there is no bona fide in the denial of ownership of theand we find no reason to interfere with the same.8. It is also established by the landlord, as is clear from the definite findings of the Courts below, that he has proved his bona fide requirement inasmuch as he needs the premises for his additional accommodation. Even otherwise there is no serious contest on this point.