LAWS(SC)-1998-11-9

RAFAT ALI Vs. SUGNI BAI

Decided On November 18, 1998
RAFAT ALI Appellant
V/S
SUGNI BAI Respondents

JUDGEMENT

(1.) Leave granted.

(2.) A building situate at Mahboob Gunj, Hyderabad belonged to one Babu Lal. He leased it out to the appellant in 1970 wherein appellant has been running a business by name M/s. Royal Agro Industries. Lathe and machinery have been installed therein for the purpose of the business. Babu Lal died leaving behind him the present respondents as his legal heirs who are his widow and children. In the year 1988 respondents/landlords launched a litigation against the appellant for evicting him from the leased premises. Though the respondents failed in the Rent Control Court as well as in the Appellate Authority they succeeded in the High Court of Andhra Pradesh, where in a revision the concurrent findings were reversed and an order of eviction was granted in favour of the landlords. Hence, appellant has filed this appeal by special leave.

(3.) Three distinct grounds have been set up by the respondents in their petition filed under the provisions of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Act'). They are:(1) that the tenant had committed default in paying rent of the building from 1-11-1986 to 30-4-1988, (2) that the tenant committed acts of waste by which damage has been caused to the building, (3) that the tenant has been committing acts of nuisance to other occupants of the buildings in the neighbourhood.