TAMARIND MERCHANTS ASSN Vs. RAGHAVAIAH SON AND CO

JUDGEMENT

(1.) In this revision filed under Section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act XV of 1960 (in short the 'Act') the landlord is the petitioner. He challenged the validity of the order passed by the learned Principal Subordinate Judge, Vijayawada in R.C.A. No.114 of 1981 dated 16-4-1984 as being illegal and unsustainable in law.

(2.) The petitioner is an Association represented by its President It owned the premises bearing Door No.11-53-7 situate at Sobhanadri Street, Vijayawada. It is a two-storeyed building. The ground floor of the said building was let out to the respondent, who on the date of filingof the eviction petition was paying rent at the rateof Rs.325/- p.m. The petitioner filed the eviction petition R.C.C. No.5 of 1980 on the file of the learned Prl. District Munsif-cum-Rent Controller, Vijayawada on two grounds viz. (i) wilful default in payment of rent for the period commencing from 9-10-1977 to 8-11-1979 (the arrears of rent amounts to Rs.7,475 /-) and (ii) bona fide requirement of the premises to establish a hospital/dispensary for his clients, customers and also general public. The tenant-respondent resisted the said application. He denied that there was any default in payment of rent as the petitioner-association itself refused to receive the rents sent by him and returned the money orders and stated that even if there was default, it was not wilful. The respondent further stated that the claim for additional accommodation for personal occupation is neither true nor genuine and bona fide. It is a mere ruse invented by the petitioner to extract the abnormal enhancement in rent. It is asserted that the claim of personal occupation is mala fide. For these reasons the respondent prayed that the eviction petition be dismissed.

(3.) The petitioner examined one witness P.W.I and marked Exs.A-1 to A-5. The respondent examined one witness R.W.I and marked Exs.B-1 to B.-14.