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1988 Supreme(SC) 644

R. S. PATHAK, S. NATARAJAN
Gangaram – Appellant
Versus
N. Shankar Reddy – Respondent


Advocates:
A.S.NAMBIYAR, B.PARTHASARTHY, JANAKI RAMACHANDRAN, K.RAM KUMAR, P.P.Rao

JUDGMENT

NATARAJAN, J:— This appeal by special leave directed against a judgment of the Andhra Pradesh High Court lies within a narrow compass.

The respondent/ landlord filed a petition under S. 10(3) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short the Act) to seek the eviction of the tenant/ appellant from premises bearing No. 1-1-250 Chikkadpalli, Hyderabad. The appellant is running a pan shop and a hire cycle shop in the front room of the premises and residing in the rear portion. Besides the leased premises, the respondent owns the adjoining building bearing no. I/l/249. In the said building the respondent was running a grocery shop in the ground floor and residing in the second and third floors subsequently constructed by him. It would appear that the respondent has since changed over his business to retail sale of liquor. On the ground of requirement of additional space for the grocery shop, the respondent sought the eviction of the appellant. The Rent Controller held that the respondent was not entitled to an order of eviction either under S. 19(3)(a)(iii) or S. 100)(c) because the leased premises was a separate building and did not for















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