MADHUSUDAN MAHULI Vs. LAMBHU INDIRA BAI

JUDGEMENT

(1.) THIS revision petition at the instance of the tenant is under the provisions of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960. The landlord filed petition for eviction of the tenant from premises bearing door No. 824 in ward No. 25 on the ground of bonafide requirement for residential purpose. The plea of the tenant is that the tenancy from the inception is for residential as well as non-residential purposes and the petition for bonafide requirement does not arise. The plea of the tenant is amplified by stating that the house bearing door No. 824 is exclusively used for clinic and the other portion bearing door No. 806 is used by the compounder in the clinic for residence. The Rent Controller held that the requirement for personal occupation by the landlord is not bonafide and the provisions of Rent Control Act are not applicable and further the premises bearing door No. 824 for which eviction is sought is a non-residental one. On appeal at the instance of the landlady the Appellate Authority held that the provisions of Rent Control Act are applicable in view of the decision of the Supreme Court in AIR 1984 SC 121 and the personal requirement for residence is maintainable even though the premises let out is non-residential and in this view set aside the order of the Rent Controller.

(2.) THE learned counsel for the petitioner contended that where the premises is residential cum non-residential the petition for eviction for the purpose of residence alone is not maintainable and hence the petition should be dismissed on this ground. The learned counsel for the respondent seeking to sustain the judgment of the appellate Court contended that the provisions of Rent Control Act do not prohibit the petition for eviction of a non-residential-cum-residential purposes on the ground of requirement of residential purpose and such lacuna cannot be deduced and in any event the let out premises is residential only.

(3.) SECTION 10(3)(a) which controls eviction for personal requirement to the extent relevant is as follows :