KARACHI STORES Vs. YARGANI VENKATESWARA RAO

JUDGEMENT

(1.) The respondent herein is the owner of the building bearing door No. 11-1-64 situate at Vijayawada. The building consists of six portions let out by the respondent. The petitioner is the tenant of the portion abutting Ghulam Mohiuddin Street and Babu Rajendrapershad Road, since 20 years or more, the monthly rental paid by him being Rs. 150.00 The respondent sought eviction of the petitioner from the Rent Controller, Vijayawada, from the demised portion as be intended to run departmental stores in the demised portion and also in the adjoining vacant portion of the building. The petition for eviction having been dismissed, the respondent preferred RCA. 66 of 1978 before the learned Subordinate Judge, Vijayawada. The learned subordinate Judge allowed the appeal and directed eviction of the petitioner from the demised portion holding that the same was bona fide required by the respondent for the purpose pleaded by him. Aggrieved by the said order, the petitioner preferred the above revision petition.

(2.) Sri Jagannadha Rao, learned Counsel appearing for the petitioner, submits that under Section 10 (3) (a) (iii) of the A. P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as the Act), the petition for eviction filed by the respondent is not maintainable inasmuch as, admittedly, another portion of the non-residential buildings is vacant and that he must be deemed to be in occupation of the same. The scope of Section 10 (3) (a) (iii) of the Act was considered by a Division Bench of this Court in Balaiah v. Lanchaiah, AIR 1965 Andh Pra 435 and speaking on behalf of the Bench Ekbote J., as he then was, observed (Para 13) :-

(3.) In C. Manikya Rao v. D. R. Subbarao, (1976-1 Andh WR 100) decided by Gangadhara Rao, J. a similar request was made before him and he declined to refer the said case to another Division Bench.