(1.) LANDLORD in R.C.O.P. No.14 of 1987, on the file of Rent Controller, Tirupattur, is the revision petitioners.
(2.) SCHEDULE building originally belonged to one Viswanathan and Annamalai, and respondent therein became their tenant from 1.7.1981 on a monthly rent of Rs.75. He has also paid a sum of Rs.7,000 as advance. The tenancy was for a period of three years. The revision petitionre purchased the schedule premises on 27.8.1986 and he became the absolute owner. Respondent herein attorned the tenancy and is paying the rent at the same rate with effect from 1.9.1986. Landlord claimed eviction of the tenant on the ground that he wanted the building for his own occupation. According to him, he is running soda and ice factory in Door No.41, Annamalai Road,Vaniampadi, for the last three years. The building absolutely belonged to their father. The petitioner was doing the said business from 1982, agreeing to pay a monthly rent of Rs.75 to his father. A rental agreement was also entered between him and his father. Petitioner wanted to occupy his own building for his requirement. It is also said that misunderstanding arose between himself and the members of his family, and that is also a reason why he wanted to shift to his own building. A registered notice was issued to the tenant on 7.1.1987 setting forth the above facts, for which the tenant sent a reply refusing to vacate. According to the landlord, he is not owning any other property except the schedule building. He has also denied that he is a member of a joint Hindu family. Petitioner/landlord's younger brother has taken a shop at Kaderpet Mosque and he is doing his own business, though the father has given him financial assistance. Petitioner/landlord, therefore prayed that he must be granted a decree to take possession of the building in question from the tenant.
(3.) IN the Andhra Pradesh Buildings (Lease and Rent and Eviction) Control Act, 1960, there is a similar provision under Sec.10(3) (a) (iii) of that Act which reads thus: (Relevant portion) 10. Eviction of tenants: (1) - (2) **** (3) (a) A landlord may subject to the provisions of clause (d), apply to the controller for an order directing the tenant to put the landlord in possession of the building (i) (ii) * * * * (iii) in case it is any other non-residential building, if the landlord is not occupying a non-residential building in the city, town or village concerned which is his own or to the possession of which he is entitled whether under this Act or otherwise - (a) for the purpose of a business which he is carrying on, on the date of the application; or (b) for the purpose of a business which in the opinion of the controller, the landlord bona fide proposes to commence; Provided that a person who becomes a landlord after the commencement of the tenancy by an instrument inter vivos shall not be entitled to apply under this clause before the expiry of three months from the date on which the instrument was registered: