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1965 Supreme(AP) 12

A.GOPAL RAO, BASI REDDY
B. Balaiah – Appellant
Versus
Chandoor Lachaiah – Respondent


EKBOTE, J.

( 1 ) THE problem which this revision petition poses is :"whether a father-cum-manager of a joint Hindu family, who is in possession of a non residential building, cannot ask for eviction under S. 10 (3) (a) (iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 , of a tenant from another non residential building belonging to the family, on the ground that his undivided major son requires it for carrying on his business ?"

( 2 ) THE respondent-landlord filed a petition under S. 10 (3) (a) (iii) of the Andhra Pradesh Building (Lease, Rent and Eviction) Control Act, 1960 (hereinafter called the Act) against the petitioner-tenant on two grounds firstly that this son who had attained majority intends to start a new business and secondly, that the building requires re construction. That petitioner was resisted by the tenant.

( 3 ) THE rent controller, after the enquiry, directed the eviction of the tenant holding that the requirement of the undivided son would be deemed to be the personal requirements of the landlord and that the building requires directed only on the first ground.

( 4 ) THE Appellate authority on appeal by the tenant, agreed with t

















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