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1979 Supreme(SC) 92

O.CHHINNAPPA REDDY, R.S.SARKARIA
S. Mohan Lal – Appellant
Versus
R. Kondiah – Respondent


Advocates:
A.T.M.SAMPATH, E.M.S.ANAM, P.N.PURI, P.N.Ramalingam, S.K.MEHTA, Y.S.Chitale

Judgment

CHINNAPPA REDDY, J. :- The short question for consideration in this appeal is whether the practice of the legal profession is business within the meaning of Section 10 (3) (a) (iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960. The question arises this way. The respondent, an Advocate filed an application before the Rent Controller seeking eviction of the appellant, his tenant, from the premises in question on the ground that he required the premises for the purpose of carrying on his profession as an Advocate. The application was contested by the appellant who was carrying on the business of manufacturing art jewellery in the premises. We are not concerned in this appeal with the several defences which were raised by the appellant. Nor are we concerned with the vicissitudes which the case underwent. For the purposes of this appeal it is sufficient to say that the final Court of fact, namely, the Chief Judge of the Court of Small Causes, Hyderabad, found that the respondent bona fide required the premises for the purpose of carrying on his profession as an Advocate and that the profession as an Advocate and that the tenancy was not such as co













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