SREE DATTA AGENCIES Vs. DINESH KUMAR KUCHERIA

JUDGEMENT

(1.) THIS civil revision petition is filed under Section 22 of Andhra Pradesh buildings (Lease, Rent and Eviction) Control Act 1960 (the Act, for brevity), against reversing order of appellate authority whereby and whereunder petitioner/tenant was ordered to be evicted.

(2.) SHREE Datta Agencies is proprietary concern engaged in wholesale business in drugs and pharmaceuticals. Its proprietor Gopikishan Bhangdia took premises bearing No. 4-4-233/1, Inderbagh, Sultan Bazar, Hyderabad (hereafter called, petition schedule premises), from Smt. M. V. Vijaya Lakshmi, on a monthly rent of rs. 225/ -. Premises was sold to Smt. Sakunthala Bai Chhajed, who is sister of dinesh Kumar Kucheria. In turn Smt. Sakunthala Bai Chhajed sold premises to her brother, under registered sale deed dated 22. 1. 1987. After said purchase, dinesh Kumar Kucheria (hereafter called, landlord) issued a legal notice to gopikishan Bhangdia (hereafter called, tenant) seeking vacation on the ground of personal occupation for opening office of Chartered Accountant (CA ). Tenant by reply dated 22. 4. 1988 rejected request of landlord. Whereafter landlord requested for payment of rent to him alone. Sometime thereafter, landlord constructed first and second floors on petition schedule premises. In 1993, eviction petition being R. C. No. 771 of 1993 was filed seeking eviction of tenant on three grounds, namely, bona fide requirement for personal occupation, mala fide denial of title by tenant, and tenant secured alternative accommodation and failed to occupy tenanted premises for four months.

(3.) LEARNED Rent Controller framed three points for consideration, namely, (i)Whether tenant denied title of landlord; (ii) Whether tenant secured alternative accommodation and ceased to occupy premises from February 1993 onwards; and (iii) Whether landlord personally requires for bona fide commencement of office. On all these points findings were recorded in favour of tenant and eviction petition was rejected. On appeal by landlord, learned Additional Chief Judge, city Small Causes Court (appellate authority) reversed findings of learned Rent controller on all the three points and allowed eviction petition directing tenant to vacate premises within two months. This order is assailed in this revision petition. In this revision, three points which were considered by original authority as well as appellate authority can be treated as points for consideration.