LAWS(APH)-1995-4-2

K SURYANARAYANA Vs. P SESHAGIRI RAO

Decided On April 28, 1995
KONDETI SURYANARAYANA Appellant
V/S
PINNINTI SESHAGIRI RAO Respondents

JUDGEMENT

(1.) These three Civil Revision Petitions are disposed of by a common order.

(2.) The interesting question involved in these Civil Revision Petitions is whether the landlord is entitled to seek eviction of the tenants under Section 12 of the A.P. Buildings (Lease, Rent and Eviction) Control Act,1960 (in short 'the Act').

(3.) The facts, in brief, are as follows: The landlord filed eviction petitions seeking eviction of the three tenants who were in three shops situated in the North-Eastern corner of the landlord's site on the ground that there was wilful default in payment of rent and also on the ground that the landlord's family has been advised for the last several years that as per Vasthu Sastra on the North-Eastern corner shops should not be constructed and that on account of those shops on the North-Easten corner untold misery and grievance and evil was caused to the family and on account of which the landlord's father and mother were bed-ridden for several years before they passed away and the landlord's health also has been very indifferent for the last several years, therefore, he consulted pandits of the Vasthu Sastra and they advised him to remove the three shops on the North-Eastern corner and that it would do good and bring welfare and auspicious period to the family. Therefore, the landlord decided to demolish the three shops on the North-Eastern corner. The tenants filed counter-affidavits denying the allegation of wilful default in payment of rent and also stating that the scheduled building has been in existence for the last 30 years and also denying the right of the landlord to demolish the building. The Rent Controller allowed the eviction petitions holding that the request of the landlord is reasonable and having purchased the property it is for him to deal with the property in his own way and also enjoy the same in his own way and there is no bar under Sec.12 of the Act for eviction.