LAWS(APH)-1995-3-64

JUGAL KISHORE AGARWAL Vs. SYED GHOUSE

Decided On March 21, 1995
JUGAL KISHORE AGARWAL Appellant
V/S
SYED GHOUSE Respondents

JUDGEMENT

(1.) This revision petition was filed u/s 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act (hereinafter referred to as the 'Rent Control Act') against the order passed by the Rent-Controller-Appellate Authority (Additional Chief Judge, City Small Causes Court, Hyderabad) confirming the order of eviction passed by the II Additional Rent-Controller, Hyderabad in R.C.No.196 of 1985.

(2.) The eviction was sought for from the Mulgi (shop premises) bearing No. 15-9-617 situate at Siddiamber Bazar, Hyderabad on the ground that it is needed for the bon fide requirement of the respondent-land-lord. Both the rent-controller as well as the appellate authority found that the need of the land-lord was genuine and that the landlord required the same for doing the businessin religious books, which business he has already engaged in. It was also found by the appellate court that the respondent-land-lord has no other non-residential building of his own other than the above Mulgi.

(3.) The only contention raised by the learned counsel for the petitioner is based on the following averment in the petition filed u/s 10(3)(a)(iii) of the Rent Control Act. This is what is stated in paragraph-5 of the eviction petition. " Already the petitioner is doing the business of religious books in partnership with Syedi and Sons. The business is located at Pathargatti, Hyderabad having Mulgi No.22-7-6. The petitioner wants to start his own business of religious books in the suit Mulgi. He has sufficient experience of this business since more than one year. Before entering into a partnership with Syedi and Sons, the petitioner was doing the business of selling the religious books by giving home delivery to the customers."