B NAGASWAMY RAO Vs. G RAMACHANDRA RAO

JUDGEMENT

(1.) The tenant who was ordered to be evicted under the provisions of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control, Act, 1960 (hereinafter called the Act),, is the petitioner herein.

(2.) The brief facts giving rise to this revision petition are as follows :- The respondent (landlord) and the petitioner (tenant) were previously carrying on business in partnership in the non-residential building bearing House No. 1/63 in the main bazar in Kurnool Town. Subsequently misunderstandings arose between them and they separated. House bearing No. 1/63, belonged to one Ambu Bainamma. The respondent then started carrying, business in House No. 1/461 which he had taken on lease from a third party.. The respondent also owns another non- residential building bearing House No. 1/382 in the same town, but that house was leased out. The respondent filed an application R. G.P- No. 5 of 1970 against the tenant for eviction from the non-residential building bearing House No. 1/382. That petition for eviction was filed on the ground that the respondent required the premises for himself and his son and also that the tenant had committed wilful default in payment of rent and that he sub-let the premises. But the order for eviction was passed on 20th April, 1970 (Ex. A-7 ) on the ground that there was wilful default in payment of rent and that the tenant had sublet the premises.

(3.) After the tenant was so evicted from the house bearing number 1/382, the respondent leased out the said house to a Doctor in November, 1970.