DANDUBOINA MADHAVA RAO Vs. KANDI ATCHIRAJU

JUDGEMENT

(1.) This revision is filed by the landlord under Section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short "the Act") challenging the order dated 08-11-2005 in R.C.A.No.16 of 1995 of the Principal Senior Civil Judge, Kakinada (appellate authority under the Act) confirming the order dated 10-07-1995 in R.C.C No.17 of 1988 passed by the Principal Rent Controller (Principal District Munsif), Kakinada.

(2.) The petitioner herein is the owner of a shop room (hereinafter referred to as 'the RCC schedule shop') in a building bearing Municipal No.54-1-12 in Jagannaickpur, Kakinada. The respondent was the tenant of this shop. The petitioner had inherited it in a partition with his brother in November, 1980. Along with this shop there were two other shop rooms facing the road on the South of that building which the petitioner had inherited.

(3.) In the first week of January, 1987 requested the tenants of all the three shop rooms (including the RCC schedule shop) to vacate as he bonafidely required them for his own personal occupation for starting a general and fancy stores in all the three shop rooms, after combining them and after making necessary alterations to suit his convenience. A tenant by name T. Laxman Rao (tailor) of one of the other shops agreed to vacate but the respondent and other tenant Kovvuri Gannemma, tenants of the RCC schedule shop and the other remaining shop respectively gave evasive replies.