VIJAYALAKSHMI AGENCIES Vs. KOLLIPARA RAMARAO

JUDGEMENT

(1.) The question to be resolved in this revision is, whether the landlord can seek an order directing the tenant to put him in possession of his non-residential building for the purpose of a business which he himself is carrying on in a rented premises, within the meaning of section 10 (b) (a) (iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, hereinafter referred to as 'the Act.'

(2.) The brief facts are : The landlords, who are respondents herein, were carrying on business, in fertilisers in partnership in a rented building owned by the brother-in-law of one of them. The brother-in law was not associated with the partnership. While so, the landlord, of the building pressed the respondents to vacate the premises. Then the respondents purchased the premises in question and. therefore, issued a registered notice to the petitioner, tenant thereof, which is a firm, to vacate the premises, and on failure to vacate, filed the petition for eviction under section 10 (3) (a) (iii) of the Act. The Rent Controller allowed the petition, and the Appellate Court dismissed the appeal. Hence this revision by the tenant.

(3.) The contention of the learned Counsel for the petitioner-tenant is two-fold : (1) The Appellate Court has not addressed itself to the proposition of law with reference to the circumstances that arise in this case but has framed the following point which s not relevant, namely, "whether the personal requirement of the petition schedule premises for carrying on business of the landlord is bona fide"? which is erroneous; and so the matter may be remanded for the due consideration of the precise proposition of law; and (2) the facts of the case with reference to the evidence let in do not fall within the four corners of section 10 (3) (a) (in). The relevant and necessary provisions of section 10 (3) (a) (in) may not be extracted. 10. (3) (a). A landlord may, subject to the provisions of clause (d), apply to the Controller for an order directing the tenant to put the landlord in possession of the building. (in) in case it is any other non-residential building, if the landlord is not occupying a non-residential building in the city, town or village concerned which is his own or to the possession of which he is entitled whether under this Act or otfierwise : (a) for the purpose of business which he is carrying on, the date of the application or, (b) for the purpose of a business which in the opinion of the Controller, the landlord bona fide proposes to commence."