Andhra Pradesh High Court
Judges : V.ESWARAIAH
Kanda Lingaiah - Appellant
Versus
P.Nirmala Devi - Respondent
Decided On : 08-23-02
Civil Matter - Civil law - Code of Civil Procedure ,1908 - Section 10 (3) (a) (iii) (b) - Civil Revision Petiton – Eviction Suit - Son of respondent carried on medical and general stores at Hyderabad has not been denied or disputed - Even if lower appellate authority agreed to consider such a contention and held that sons were having medical shop business at maruthi Nagar, Santosh Nagar, Hyderabad - Since doctor left premises they have closed business and in fact petitioner - tenant himself deposed that sons of respondent and her husband were having medical business for some time at Hyderabad - It is an admitted fact that sons and husband of respondent are doing medical shop business at Hyderabad and that it was closed. - Experience in carrying on medical shop and not only they are intending to open medical shop but also general stores - It is look out of sons and husband of respondent to secure a license from qualified person and they can carry on business on partnership or they can make some other arrangement even otherwise there is no impediment to carry on general stores – Held, Court has been view that It is also well settled principle that rights of parties crystallites on date of institution of suit and even though rent enhanced and building becomes older than 10 years rights will continue to be available until suit is disposed of or adjudicated - Once rights crystallites adjudication must be in accordance with law - In instant case, rent was only 1000/- as on date of filing of R. C. and landlady enhanced rent subsequent to filing of R. C. without prejudice to her rights with regard to eviction petition and, therefore, it cannot be said that Rent Controller has no jurisdiction - Court do not see any illegality or irregularity in order under revision and civil revision petition - Appeal dismissed.
( 1 ) THE unsuccessful tenant filed this civil revision petition. The respondent is the landlady of the petition schedule property bearing No. 2-6-93/5 situated at s. B. H. Road, Near Clock Tower, mahabubnagar Town of Mahabubnagar district. The respondent filed R. C. No. 4/1996 on the file of the Junior Civil Judge-Cum-Rent controller, Mahabubnagar for eviction of the petitioner herein under Section 10 (3) (a) (iii) (b) directing to evict the tenant and put the landlady in possession for the purpose of commencing the business by her son and husband. It is stated that the husband of the respondent is a retired employee and son of the respondent was running a medical stores at Santosh Nagar, Hyderabad, he sustained loss and, therefore, she requires the said premises for her bona fide requirement to commence the business by her son and husband. Admittedly, the rent at the time of the filing of the R. C. was only Rs. 1,000/- and the Rent Controller was having the jurisdiction to entertain the R. C, the Rent controller examined the landlady - respondent herein as PW1 and marked Ex. A1 to A5 on her behalf. The petitioner herein - tenant is examined as RW1 and RW2 is also examined. The Rent Controller, upon considering oral and 2 documentary evidence, held that the husband of the respondent retired from Government service and her son is educated unemployed person want to start medical business at Mahabubnagar and in fact her sons carried on the medical and general store business at Maruthi Nagar, santosh Nagar, Hyderabad under the name and style of "anand Medical and General stores" and the same was closed. Since they have got only one non-residential premises at Mahabubnagar they intend to start the business for self-employment of her sons and also to rehabilitate her retired husband. There is no evidence on record in rebuttal to the evidence of the landlady PW- 1 as the said premises is required for running the medical and general stores for her sons and by her retired husband. It is also stated that Mahabubnagar is the native place of the landlady, her husband and sons intend to settle down at Mahabubnagar having their own nonresidential business at mahabubnagar. The Rent Controller satisfied the bona fide requirement of the said premises for running the business by the sons of the respondent since the sons of the respondent have already got experience in the line of medical and general store business. The Rent Controller accordingly allowed the petition and the respondent- petitioner herein was directed to vacate the premises within three months from the date of the said order. Aggrieved by the said order dated 3-4-1999, the petitioner filed RCA2/1999 on the file of the Rent appellate Authority-cum-Senior Civil judge, Mahabubnagar. The Rent Appellate authority, after considering the oral and documentary evidence available on record the judgment of the Rent Controller, confirmed the order of the Rent Controller and dismissed R. C. A. 2/1999 by order dated 29/01/2001.
( 2 ) THE learned Counsel appearing for the petitioner - tenant submits that the respondent has not pooved her bona fide requirement for commencing the business in the said premises and, therefore, both the courts below erred in ordering the eviction of the petitioner herein. It is stated that to carry on the medical business, a licence is required and her sons are not qualified to run the medical shop and, therefore, it cannot be said that the said premises is bona fide required to commence the business.
( 3 ) IT is to be stated the fact that the sons of the respondent carried on the medical and general stores at Hyderabad has not been denied or disputed. Even if the lower appellate authority agreed to consider such a contention and held that the sons were having medical shop business at maruthi Nagar, Santosh Nagar, Hyderabad. Since the doctor left the premises they have closed the business and in fact the petitioner - tenant himself deposed that the
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