MADANLAL RANGLAL DAGA Vs. GURUNATH LAXMAN PATANGE

JUDGEMENT

(1.) This revisional application involves the construction of Section 15 of the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 (hereinafter referred to as the Act of 1954) under the following circumstances : The petitioner is the owner of the premises in suit. The petitioner made an application to the Rent Controller at Latur on November 5, 1962, against the opponent under Section 15 of the Act of 1954 for possession. He had terminated the tenancy of the opponent on October 13, 1962. The grounds for the claim of possession were that, the petitioner required the premises reasonably and bonafide for his own use; that he had a number of members in his family; that he had no shop in the market; that his whole income from agriculture was only Rs. 1,000 per year and it was not sufficient for his big family; that his four major sons were unemployed and inspite of his efforts they could not have any employment; that he had decided to start business in cloth and engage his four sons in the said business and that he required the suit premises for this business. In short, his claim was that he required the premises for bonafide purpose of starting his own business in it. The opponent resisted the suit contending inter alia that the petitioner did not need the premises for his own personal purpose.

(2.) Before the Rent Controller issues on merit were tried and the Controller was satisfied that the petitioner's case was genuine. He further found that the conditions for granting possession under the section were fully satisfied. He accordingly made an order in favour of the petitioner.

(3.) The opponent went in appeal to the District Court. Before the learned Assistant Judge it was contended that the petitioner had no right to take the proceedings in as much Section 15(3)(a)(iii) of the Act of 1954 had no application, and if it did not apply the petitioner had no remedy. The learned Judge acceded to this contention and dismissed the petitioner's suit. The petitioner comes here under Section 26 of the said Act in revision.