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1999 Supreme(SC) 800

V.N.KHARE, S.S.M.QUADRI
Mudigonda Chandra Mouli Sastry – Appellant
Versus
Bhimanepalli Bikshalu – Respondent


Judgment

V.N. Khare, J.-This is a landlord’s appeal. The landlord filed a petition for eviction of the respondent-tenant from the premises in dispute on the grounds, namely, (a) he required the said premises for his own needs; (b) the tenant has committed default in payment of rent; (c) the tenant has acquired an alternative accommodation; and (d) the premises was in a dilapidated condition which required recon­struction. The Rent Controller, after having satisfied that the grounds for eviction were well-substantiated, allowed the petition filed by the landlord. Aggrieved, the tenant preferred an appeal. The appellate authority dismissed the appeal filed by the tenant. The High Court, however, in the Civil Revision Petition filed by the tenant held, that by virtue of sub-section (4)(i) of Section 10 of A.P. Building (Lease, Rent & Eviction) Control Act, 1960 (herein­after referred to as the ‘Act’) no order of eviction can be passed against the tenant, as the tenant is in the employment in a department which has been declared as an essential service. The High Court further, after re-assessing the evidence reversed the finding of facts as regard other grounds for eviction of the tenan










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