LADIES CLOTH CENTRE Vs. DEVATHI SESHAYYA

JUDGEMENT

(1.) This is a revision preferred by the tenant. The respondent land lord filed an eviction petition alleging that the petitioner committed wilful default in payment of rent for the period from 1-5-1980 to 31-10-1980 and that the demised premises is also required bona fide for carrying on his wholesale cloth business. Both the tribunals below after appreciation of the entire oral evidence, P.Ws. 1 & 2 and R.W. 1 and the documentary evidence, Exs. A-1 to A-5, concurrently found that the tenant was guilty of wilful default and that the land-lord was also bona fide in need of the demised premises for carrying on his business. Hence this revision.

(2.) Mr. Chari, the learned counsel for the Petitioner, drawing my attention to Sec. 10 (3) (a) (iii) of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 submitted that admittedly the land-lord was in possession of a non-residential building in which he has been carrying on the business in wholesale cloth and therefore he is not entitled to seek eviction of the petitioner on the ground that the bona fide requires the demised premises.

(3.) Section 10 (3) (a) (iii) of the Act reads thus :-