Judgment

Syed Shah Mohammed Quadri, J.-This appeal, by special leave, is from the judgment and order of the High Court of Andhra Pradesh in Civil Revision Petition No. 134 of 1996 passed on July 29, 1997. It raises a question of interest, namely, whether a petition by a landlord seeking eviction of a tenant under Section 10(3) (a)(i)(b) of the A.P. Act from the demised building, let out under a composite lease for residential as well as non-residential purposes, is maintainable?

2. The appellant is the landlady and the respondents are tenants of premises bearing D. Nos. 19/76-A and 19/76A-1; Innespeta, Rajahmundry (hereinafter referred to as “the demised building”) which comprises of a residential and a non-residential portion. She and her husband filed eviction petition, R.C.C. No. 71 of 1981, on the file of the Principal District Munsif-cum-Rent Controller, Rajahmundry, under Section 10(3)(a)(i)(b) of the Andhra Pradesh Buildings (Lease, Rent and Evic­tion) Control Act, 1960 (which is referred to in this judgment as `the A.P. Act’) against the respondents (the first respondent is the part­nership firm and respondents 2 to 5 are its partners) seeking their eviction from the demised