SRIKAKULAM SUBRAMANYAM Vs. PANDESWARA JANARDHANA RAO

JUDGEMENT

(1.) The respondent in R.C.C.No. 107/1982 on the file of the Rent Controller (Principal District Munsif), Guntur is the petitioner herein. The eviction petition was filed under Sec. 10(3)(c) of the A.P. Buildings (Lease, Rent and Eviction Control) Act for short 'the Act' on the ground of additional accommodation. Both the Rent Controller and the Appellate Court held that the land bonafide requires additional accommodation for the purpose of providing A.C. Section in the hotel. The landlord claims that he is running the said hotel business in the remaining portion of the same premises. The tenant assailed the same in this revision petition. In ground No. 12 it is urged as under:

(2.) It is not clear as to whether both the Tribunals below had not adverted to the above proviso on the ground that there was no plea regarding the same or that they had lost sight of the proviso. No argument was advanced before the Rent Controller or the first appellate authority with regard to this aspect.

(3.) While it is urged for the landlord that it is for the tenant to plead and prove that in case eviction is going to be ordered the hardship that may be caused to him may outweigh the advantage to the landlord, it is contended for the tenant that it is for the landlord to prove that in case the eviction is ordered the hardship if any to the tenant will not outweigh the advantage to him. In Parasuramaiah vs. Lakshmamma (1) AIR 1965 A.P. 220 a Division Bench of this Court observed at page 225 that