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2002 Supreme(SC) 1138

A. Satyanarayan Shah – Appellant
Versus
M. Yadgiri – Respondent


ORDER

The appellant is a landlord, who having lost from the High Court in a proceeding for eviction of tenant, has come up in appeal. The litigation has a chequered history. A brief resume of events would suffice.

2. The suit premises consists of a piece of land over which stands a wooden structure of the dimension of Exbt. 8 . The eviction was sought for on the ground available under sub-section (iii) of clause (a) of sub-section (3) of Section 10 of the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960 (hereinafter "the Act" for short), which provides inter alia for a non-residential building being directed to be vacated by the tenant and the landlord being put in possession of the same if the same was required by the landlord for the purpose of a business bona fide proposed to be commenced by the landlord and the landlord was not in possession of any other non-residential building. The proceedings were initiated before the Controller. Before the Controller, the tenant not only denied the bona fide requirement of the landlord but also submitted that the tenant was holding on tenancy from the landlord only the ground on which the structure stands and the wooden structure pla
















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