Y V K MURTHY Vs. BIMAL KISHORE

JUDGEMENT

(1.) This revision arises out of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act 15 of 1960 (herein called the Act) The respondent herein, the land lord filed an application under section 12 of the Act for evicting the petitioner from the premises 5-1-621 at Koti, Sultan Bazar, Hyderabad. It is averred in the petition that the Building is in a dilapidated condition and the land lord wanted to demolish the same and construct a market and for that purpose he obtained permission from the Muncipal Corporation and he cannot demolish and construct a new building unless the tenant vacates the present building. It is further alleged that the landlord wants to change the residential premises into a non-residential one as the locality is a business locality and the premises is situated on road side and hence the present application;

(2.) The said application was resisted by the tenant stating that the application is not bonafide and the building is not in a dilapidated condition and that the land lord cannot convert the residential building Into a noh residential building and the petition was filed with a malafide intention of evicting the tenant some how or other and great inconvenience will be caused to the tenant if the building is vacated and the present application is not maintainable without an application under section 18 of the Act.

(3.) Two witnessess were examined on behalf of the land lord and three were examined on behalf of the tenant the Addl. Rent Controller, Hyderabad passed an order dt. 8-10 1977 holding that the landlord failed to establish that the requisition of the building for immediate demolition and construction is reasonable and bonafide. Consequently dismissed the application.