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1965 Supreme(AP) 235

JAGMOHAN REDDY
J. V. RAJ – Appellant
Versus
P. SIVA REDDY – Respondent


JAGMOHAN REDDY, J.

( 1 ) BY this writ petition, the order of the Government exempting from the operation of the provisions of section 10 of the Andhra Pradesh Buildings (Lease, rent and Eviction) Control Act, 1960 (hereinafter called "the Act"), the premises no. 3-5-386 at Narayanaguda in Hyderabad, is challenged, The facts are not in controversy. The petitioner has been. occupying the said premises from 1959 and has a maternity and nursing home there. After the 1st respondent, who is also a doctor, purchased the premises, he filed a petition before the Rent Controller for eviction of the petitioner on the ground that he owned no other house and that he requires it for his bonafide residence. The petitioner opposed the eviction proceedings on the ground that since the premises was a non-residential building, within the meaning of Sec. 10 of the Act, she could not be evicted on any grounds other than those specified in Sec. 10 and that requirement for bonafide residence is not one of such grounds. It may be stated that before the rent Controller, the question of the 1st Respondent requiring the house for his bonafide residence was not challenged. The Renr Controller found that the 1s














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