B.P.JEEVAN REDDY, M.N.RAO
MADANLAL SRIKRISHAN MALPANI – Appellant
Versus
AYODHYA DEVI ASAWS – Respondent
( 1 ) C. R. P. No. 1280/1981 :section 10 (3) of the Andhra Pradesh buildings (lease, Rent and Eviction) Control Act, 1960, entitles the landlord to evict a tenant from a residential buiding if " he requires it for his own occupation". If it is a non-residential building (other than a garage) he can evict the tenant if he requires it "for the purpose of business which he is carrying on" or which he "proposes to commence". What is the precise meaning and scope of the words "for his own occupation"? Varying views have been expressed by various High Courts, and even within the same High court on this question. The learned single Judge before whom this Civil revision Petition came up for hearing in the first instance referred to certain decisions on this aspect, but could not find any uniform principle underlying them. He, therefore, thought that the said expressions ought to be authoritatively pronounced upon by a Division Bench and accordingly he referred the matter to Bench.
( 2 ) THE facts of this case may briefly be stated : The building concerned herein is a residential building. It is owned by the landlady, the respondent herein. She came forward saying that her f
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