MAJATI SUBBARAO Vs. P V K KRISHNA RAO

JUDGEMENT

(1.) This is an appeal by Special Leave against the judgment of a learned single Judge of the Andhra Pradesh High Court in Civil Revision Petition No. 7974 of 1979. The appellant before us is the tenant and the original respondent is the landlord who is dead and is represented by his legal representatives.

(2.) The premises in question are in Eluru Town in Andhra Pradesh. The appellant is carrying on business in the name and style of Sri Panduranga Engineering Company. According to the original respondent (who will hereinafter be referred to as "the respondent") he was the owner of the building in which the said premises situated and hence, the owner of the said premises. The respondent filed an eviction petition against the appellant on the ground of bona fide requirement as he wanted to set up his eldest son in business by starting a photo studio in the said premises. The appellant disputed the correctness of the said claim. The appellant in his counter to the eviction petition, inter alia, alleged that the said property in which the said premises were situated was the absolute endowed property of Punyamurthulavari Choultry of which the original respondent was the de facto trustee and that the original respondent had no personal or proprietary interest in the said property. He asserted that the said property belonged to the said Choultry and that the original respondent had no manner of right to evict the appellant on the ground of personal use and occupation. The appellant asserted that the said premises were not the individual property of the original respondent but trust property. The respondent filed a rejoinder denying that the said premises were the endowed property or that the said properly was a part of Punyamurthulavari Choultry. He asserted that he was the absolute owner of the said property which was purchased by his father under a registered sale deed dated 29th June, 1908. The respondent submitted that the appellant had denied his title and, as the said denial was not bona fide, the appellant was liable to be evicted also on the ground of denial of title of the landlord. The Rent Controller passed a decree for eviction on the ground that the bona fide requirement of the landlord-respondent was made out and also on the ground that the appellant-tenant had denied the title of respondent- landlord which denial was not bona fide. The appellant preferred an appeal against the said decision to the Appellate Authority. The Appellate Authority, however, dismissed the appeal upholding both the grounds of eviction found by the Rent Controller. Against this decision, the appellant preferred a revision petition to the High Court. The High Court in its impunged judgment upheld the order of eviction only on the ground of denial of title which was not a bona fide denial. It is this decision of the High Court which is challenged before us.

(3.) The finding that the denial of title was not bona fide is essentially a finding of fact and, fairly enough, no dispute has been raised by learned counsel for the appellant in respect of that finding. It is, however, submitted by him that in order to constitute a ground for eviction the denial of title must be anterior to the filing of the eviction petition and a denial of title in the course of eviction petition would not constitute a ground for eviction. He drew our attention to the provisions of section 10 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as "the A. P. Rent Act" The A. P. Rent Act was enacted with a view to consolidate the law relating to regulation of leasing of buildings, control of rent thereof and prevention of unreasonable eviction of tenants in the State of Andhra Pradesh. Section 10 of the A.P. Rent Act deals with eviction of tenants. Sub-section (1) of that section prohibits eviction of tenants except in accordance with the provisions of that section or sections 12 and 13 of that Act. The relevant part of sub-section (2) of section 10 of the A. P. Rent Act runs as follows: