Andhra Pradesh High Court
Judges : RAMA RAO
Mohd.MOONUDDIN - Appellant
Versus
A.YADAGIRI - Respondent
Decided On : 06-13-82
RENT CONTROL ACT - BONA FIDE REQUIREMENT - SECTION 10 - LANDLORD'S PERSONAL REQUIREMENT - EVIDENCE OF BUSINESS EXPANSION - SUFFICIENCY - INTERPRETATION OF STATUTORY PROVISIONS.
Fact of the Case:
The landlord filed a petition under Section 10 of the Rent Control Act for eviction of the respondent from the premises on grounds of wilful default in payment of rent and personal requirement. The landlord claimed that he intended to start his own bangle shop in the premises as he had sufficient capital and no other premises for doing bangle business. The respondent denied wilful default and personal requirement, stating that the landlord already had two business premises in the same locality.
Finding of the Court:
The Rent Controller and appellate authority found that the landlord had not established wilful default in payment of rent and that the bona fide requirement for personal occupation was not satisfied. The court noted that the landlord had a factory for manufacturing bangles at Shami Nazim Ali Baig and that there was no evidence of a retail business at Chanchalguda as claimed by the landlord.
Issues: 1. Whether the landlord had established wilful default in payment of rent. 2. Whether the landlord had established a bona fide requirement for personal occupation.
Ratio Decidendi: 1. The court held that there was no evidence to support the finding of wilful default in payment of rent. 2. The court held that the landlord had established a bona fide requirement for personal occupation. The court noted that the landlord was already in the business of manufacturing bangles and that he wanted to open a retail store in the premises in order to expand his business. The court also noted that the premises were located in a cluster of bangle shops and that there was a likelihood of good turnover.
Final Decision: The court set aside the orders of the Rent Controller and appellate authority and allowed the revision petition. The court directed the tenant to vacate the premises on or before 31-8-1982.
( 1 ) THE petitioner in this petition arising under the A. P. Buildings (Lease, Rent and Eviction) Control Act 1960 is the landlord. The petition was failed by the landlord under Section 10 of the Rent Control Act for eviction of the respondent from the Malgi bearing Municipal No. 21-2-267 situated at Lad bazar, Hyderabad on grounds of wilful default in payment, of rent and personal requirement. The petitioner purchased the said malgi on 19-8-1969. The allegation in the petit on is that there was a failure to pay the rent evidently with a view to harass the petitioner since the said purchase and thus the respondent committed wilful default in payment of rent. In so far as the bonafide requirement for personal occupation is concerned, the petitioner stated that he intended to start the bangle shop of his own in the Malgi. It is also further stated that there is congregation of bangle shops in the Lad bazar and hence the Malgi is most appropriate one for starting Bangle business. The petitioner was having sufficient capital and there is no premises of his own and he is not in the possesion of any other premises in the city of Hyderabad for doing bangles business. The respondent pleaded that there is no wilful default and denied the personal requirement alleged by the petitioner. It was stated by the respondent that he was occupying the premises since last 35 years. The petitioner has been intentionally evading to receive the rent to create the ground of wilful default. The requirement of the petitioner is not bonafide. The experience and availability of the capital cannot be considered as sufficient grounds for bona fide requirement and eviction. It is also alleged that the petitioner is already having his business at two different places in the same locality as bangle merchant. Both the primary authority as well as the appellate authority held that no wilful default in payment of rent is made out and the bona fide requirement for personal occupation is not satisfied. It is not necessary to dilate upon the issue of wilful default as the civil revision petition is confined to the bona fide requirement only.
( 2 ) THE learned counsel for the petitioner contended that the concurrent findings arrived at by the authorities are devoid of evidence and the relevant evidence is not appreciated in proper perspective thereby resulting in miscarriage of justice. The learned counsel for the respondent contended that the concurrent findings cannot be disturbed in the Civil revision Petition and even if there is some ambiguity or any lapse in the process of arriving at the conclusion, the Courts should lean towards the tenant.
( 3 ) IT is necessary to extract the relevant portion of the rinding of the Rent Controller, which is as follows :"he wants the suit premises on the ground that he is not in occupation of any other premises on the date of the application. But that is disproved by the documentary evidence Exs. X-4 to x-15 and Exs. P-3 and P-4 which show that he was already carrying on business at Chanchalguda, although he claims that he shifted the business. If he is already in possession of one premises and doing business of his own at Chanchalguda he cannot ask for occupying another non-residential building unless special circumstances are shown-"the appellate authority found as follows :"from the evidence of the landlord (P. W. 1) it is clear that he is having his factory in a house at Chawni Nade Ali Baig. He has also stated that he was having his shop, Fiaz Bangles Stores at chanchalguda but it was shifted to another building. Exs. P-3 and P-4 are filed by the appellant to show that the Handicrafts and cottage Industries Emporium of the Government placed order for supplying the articles in which the address of fiaz Bangles Stores is shown as Chanchalguda. Similarly exs. X-4 to X-14 also contain theaddress at Chanchalguda. As stated above the landlord admitted that he was having his shop at Chanchalguda but he shifted it t
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