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1993 Supreme(SC) 934

K.RAMASWAMY, N.P.SINGH
D. Devaji – Appellant
Versus
K. Sudarashana Rao – Respondent


Advocates:
A.D.N.Rao, A.SUBBA RAO, K.Madhava Reddy, S.S.RANA

Judgment

K. RAMASWAMY, J.- The respondent filed eviction petition under Section 10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act (15 of 1960), for short the Act on the ground of bona fide requirement of the demised building. The Rent Controller directed eviction of the appellant. On appeal, the Principal Subordinate Judge reversed the decree holding that the respondent had several non-residential buildings as well as shops in K.V.R. Swamy Road and other buildings in Rajahmundary town. As the demand for enhancement of rent from Rs 100 to Rs 500 p.m., though the appellant had agreed to enhance to Rs 300 per month, was not agreed, the respondent filed the application for eviction. Therefore, it smacked of bona fides. On revision under Section 122, the High Court reversed the appellate courts order and confirmed the decree of the trial court. Thus this appeal by special leave.

2. The question of law that arises in this case is the interpretation of Section 10(3)(a)(iii) of the Act which reads thus :

"10. (3)(a) A landlord may, subject to the provisions of clause (d), apply to the Controller for an order directing the tenant to put the landlord in posses

















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