LAWS(SC)-1999-11-97

KONDETI SURYANARAYANA Vs. PINNINTHI SESHAGIRI

Decided On November 04, 1999
KONDETI SURYANARAYANA Appellant
V/S
PINNINTHI SESHAGIRI RAO Respondents

JUDGEMENT

(1.) The tenants are in appeal before us. The building in question consists of two shops, which is owned by the respondent-landlord. The respondent-landlord filed petitions before the Rent Controller for eviction of tenants from the premises on the ground that there were willful defaults in payment of rent and also on the ground that building is reasonably and bona fide required by him for demolition. The said requirement was based on the allegations that a construction on the north-eastern corner of the plot is inauspicious and pundits of Vastu Shastra advised him to demolish the said shops as they are on the north-eastern corner of the plot. The Rent Controller allowed the application and accorded permission to the landlord to demolish the building without any direction to reconstruct the building as required under sub-clause (b) of sub-section (1) of Section 12 of the A. P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as the 'Act').

(2.) The appeal preferred by the tenant was dismissed and was affirmed by the High Court.

(3.) It is against the said judgment the tenants have come to this Court. Learned counsel for the appellants urged that the order passed by the Courts below is in conflict with the provisions of sub-clause (b) of sub-section (1) and sub-section (2) of Section 12 of the Act and therefore the order deserves to be quashed.