HEMANTKUMAR PRABHUDASJI VORA Vs. KHIMJI BHANJI AND COMPANY

JUDGEMENT

(1.) By the present civil revision application, the applicant is challenging the order dtd. 18/04/2013, passed by the Appellate court i.e. Principal District Judge, Latur in Rent Appeal No.10 of 2006, whereby the Appellate Court was pleased to set aside the order of eviction dtd. 15/09/2006, passed by the Rent Controller, Latur in File No.1987/RCA/CR/6.

(2.) Brief facts leading to the filing of the application can be summarised as under : - The suit premises bearing M.H.No.143/1 is situated in Ward No.14 on the main road of Latur in two parts, one eastern and another Western. The Eastern portion is admeasuring about 3100 sq.ft. The said premises are in some parts double storeyed. In the Southern portion of the said Eastern part there are residential amenities and the said portion is a residential area, whereas the Northern portion is a business premises. The applicant is owner and landlord of the entire Eastern portion. The opponents No.1 to 3 are a partnership concern and a separate entity. The entire Easterrn portion premises were leased before 1975 to respondent No.1 for running their business, as traders in agricultural commodities. The residential portion was also occupied by the said firm.

(3.) The Agricultural Produce Market Committee (APMC) in Latur has subsequently developed a market yard about 600 meters away from the suit premises. The opponent No.1 was allotted a plot in the market yard and the opponent No.1 was carrying on its business in the market yard. The landlord initiated eviction proceedings against the tenant before the Rent Controller on four different grounds, as contemplated under Sec. 15 (2)(v) of the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 (hereinafter referred to as 'Rent Act').