GULAB CHAND PUKHRAJ Vs. R B JINENDER RAJ

JUDGEMENT

(1.) This appeal is directed against the judgment of the High Court of Andhra Pradesh at Hyderabad dated 26.4.2001 delivered in Civil Revision Petition No. 4009 of 1998.

(2.) The short question which arises for consideration in this appeal is - whether a co-owner occupying a non-residential premises can seek eviction of a tenant in possession of another non-residential premises for his bona fide requirements

(3.) The appellant is a tenant of the premises bearing No. 7-2-764 situated at Pot Market, Secunderabad, Andhra Pradesh. The respondents are the co-owners of two non-residential premises bearing Municipal Houses Nos. 7-2-763 and 7-2-764 situated at Pot Market, Secunderabad. These two non-residential premises fell to their share by virtue of the Will executed by their father. The respondent-landlords have been conducting the business in one shop only. The First respondent has been carrying on business of money-lending in a portion of the premises 7-2-763 and the second respondent has been conducting a business in jewellery in the remaining portion of the same shop. It was the case of the second respondent that he required the premises (shop) in question from the tenant for starting the business exclusively for jewellery in a separate shop.