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1987 Supreme(SC) 100

SABYASACHI MUKHARJEE, S.NATARAJAN
J. Pandu – Appellant
Versus
R. Narsubai – Respondent


Judgement

NATARAJAN, J.:- This appeal by special leave is by a tenant to challenge an order of eviction passed against him under Section 10(2)(vi) and Section 10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act, 1960 (hereinafter the Act) by the Additional Rent Controller., Hyderabad and confirmed by the Appellate Authority and also by the High Court in revision proceedings.

2. The appellant took the suit premises viz. a malgi (shop) on lease on 21-3-1972 from one Jameelunnisa Begum on a monthly rent of Rs. 200 for a period of three years. On 6-11-1974 the respondent purchased the suit premises from the said Jameelunnisa Begum and had the tenancy attorned in her favour. In 1975 the respondent filed a petition for eviction of the appellant on three grounds. The Rent Controller ordered eviction on two grounds viz. bona fide requirement of the premises by the respondent for business purposes and secondly claim of permanent tenancy rights without bona fides by the tenant. The Appellate Authority and the High Court confirmed the order of eviction. The appellant produced additional evidence (Exhibit R-1 Sale Deed and Exhibit R-2 Plan) before the Appellate Au








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