VUDATHU VENKATARATNAM Vs. MUTHA SARVARAYUDU

JUDGEMENT

(1.) This Revision Petition is from an Order of the District Judge, East Godavari, dated 4th August, 1960. The facts necessary for our purpose are that, the landlords, who are the respondents here, filed a petition on 8th February, 1958 for eviction of the tenant before the House Rent Controller, Kakinada, of a site and a building thereon on two grounds : firstly, that the landlords required the premises for the purposes of running a cinema-house and secondly, that the tenant committed nuisance by encroaching on a site adjoining to the suit premises.

(2.) The tenant set up a defence that the landlords are not carrying on any business of running a cinema-house at the time of the petition and that he has not committed any nuisance so as to make him liable for eviction. The Rent Controller, after recording the evidence, dismissed the petition holding that the landlords are not carrying on business of running a cinema-house and that the tenant has not committed any act of nuisance. The landlords therefore went in appeal before the Subordinate Judge, who found on both the grounds against the tenant and directed eviction. Aggrieved by that order of the learned Subordinate Judge, the tenant went in revision before the District Judge, East Godavary, who dismissed the revision petition and affirmed the decision of the Subordinate Judge. This Revision Petition is directed against the said order of the District Judge.

(3.) The only contention which is pressed on me by the learned Advocate for the petitioners is that, the District Judge has erred in holding that the landlords are carrying on a business of running a cinema-house within the meaning of section 7 (3) (a) (iii) of the Madras Buildings (Lease and Rent Control) Act, XXV of 1949, hereinafter called as the Act. In order to appreciate this contention, it is necessary to look into section 7 (3) (a) (iii) which is in the following terms :