2006 Supreme(AP) 1167
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT
HYDERABAD
V. ESWARAIAH, J.
Narayanam Venkata Chalamaji - Petitioner.
Vs.
M/s. Bairundan Amarsingh rep. by its Partner, Bhawar Singh and others - Respondents.
C.R.P. Nos. 2564, 2565 and 2588 of 2003
Decided on 10-10-2006.
Advocates Appeared
Mr. V. Venkataramana, Advocate for the Petitioner.
Mr. Venkateswara Rao Gudapati, Advocate for the Respondents.
Headnote:
Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act – Sections 22, 1 o (2)(i), 10(3)(c), 10 (2) (v), 10 (3) (a) (iii) (b) – Tenancy – Eviction Petition – Wilful Default –Civil Revision Petitions have been filed under Section 22 of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act by the same landlord against his three tenants – Rent Control Cases filed by landlord in R.C.C. on the file of the Principal Junior Civil Judge-cum. Rent Controller, on same and similar grounds, seeking eviction of different tenants in occupation of three mulgies of the building under Sections 1 o (2)(i), 10(3)(c), 10 (2) (v), 10 (3) (a) (iii) (b) of the Act for the wilful default, the tenants secured alternative accommodation and bona fide requirement of the landlord to commence the business were allowed by separate orders only on the ground of bona fide requirement of the landlord for his personal use and occupation – Aggrieved by the said orders of the Rent Controller, the tenants filed Rent Control Appeals on the file of the Senior Civil Judge-cum-Rent Controller Appellate Authority, in R.C.A. and the Rent Control Appellate Authority set-aside the orders of the Rent Controller, while allowing the appeals and dismissed the eviction petitions – Aggrieved by the said order, these three Civil Revision Petitions have been filed by the landlord – Held, Court is of the opinion that the landlord is not entitled to seek eviction of the tenants for another new business in addition to the business, which the landlord is already carrying on – If the landlord is not carrying on any business, it is open for the landlord to seek eviction of the tenant for commencement of business by his son or by his any other family member – Eviction petition can be filed either for carrying on business which they are already carrying on or for commencement of a new business – Court is of the opinion that there are no bona fides on the part of the landlord seeking eviction of the three tenants from their small shops, in which they are carrying on their business – Court is of the opinion that there is a bar under the Act for seeking eviction of the non-residential portions which are in occupation of the tenants if the said portions are not more suitable, convenient and sufficient, then (sic. than) the non-residential portion in occupation and owned by the landlord in which the landlord is carrying on the business – Court do not see any illegality, irregularity or impropriety in dismissing the eviction petition of the landlord by the Rent Appellate Authority and order of the Appellate Authority is confirmed for the aforesaid reasons and grounds – Civil Revision Petitions Dismissed
All these three Civil Revision Petitions have been filed under Section 22 of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act (hereinafter referred to as "the Act") by the same landlord namely Narayanam Venkata Chalamaji (hereinafter referred to as "the landlord") against his three tenants The Rent Control Cases filed by the landlord in R.C.C.Nos. 34, 35 and 36 of 1996 on the file of the Principal Junior Civil Judge-cum. Rent Controller, Vizianagarm on same and similar grounds, seeking eviction of different tenants in occupation of three mulgies of the building bearing No. 8-1-46, M.G. Road, Vizianagaram under Sections 1 o (2)(i), 10(3)(c), 10 (2) (v), 10 (3) (a) (iii) (b) of the Act for the wilful default, the tenants secured alternative accommodation and bona fide requirement of the landlord to commence the business were allowed by separate orders dated 27-7-2000 only on the ground of bona fide requirement of the landlord for his personal use and occupation. Aggrieved by the said orders of the Rent Controller, the tenants filed Rent Control Appeals on the file of the Senior Civil Judge-cum-Rent Controller Appellate Authority, Vizianagaram in R.C.A.Nos.3, 4 and 5 of 2000 and the Rent Control Appellate Authority set-aside the orders of the Rent Controller, while allowing the appeals and dismissed the eviction petitions. Aggrieved by the said order, these three Civil Revision Petitions have been filed by the landlord.
2. As the landlord is one and the same and though the three tenants are different persons who are in occupation of similar portions of the schedule premises in question and the grounds seeking eviction are also similar, the facts in one case i.e., R.C.C.No.34 of 1996 are suffice to appreciate the rival contentions of both parties.
3. It is the case of the landlord that he is absolute owner of the building bearing No.8-1-46, M.G. Road, Vizianagaram and petition schedule shop is let out to the tenant on a monthly rent of Rs. 600/- per month and the tenant is a chronic defaulter in payment of rents and he committed wilful default of payment of rents. The landlord has no other non-residential building in Vizianagaram except the petition schedule building. The landlord is carrying on business in lodging namely Geetha Lodge in part of the building. The landlord requires the building for his personal use and occupation for the use of his son Seetharamayya Setty for establishing Computer Training Centre and also for doing business in Computers and Spare Parts. The portion occupied by the tenants is suitable for doing the said business and the landlord required the said three shop rooms. The landlord demanded the tenants to vacate and hand over vacant possession of the shop rooms, but they did not vacate the premises. It is further alleged that the landlord is doing business of lodging in a portion and the said portion is not suitable for establishing a computer and training centre and computer shop etc., therefore, the landlord requires the schedule premises for additional accommodation for the purpose of doing business in computer training centre and computer sales counter and therefore, the landlord is entitled for possession of the premises. It is further alleged that the tenants shifted their business from the shops and doing business in some other place and as the tenants secured alternative accommodation and actually doing business there, therefore they have ceased to occupy and carry on the business in the schedule premises for more than a period of four months, they are not entitled to continue in the schedule premises. Therefore, they are liable to be evicted from the schedule premises. It is further alleged that the tenants have sub-let part of the portion leased out to them and therefore, they are liable to be evicted on the ground of subletting also. It is further stated that the tenants are having their own buildings and they leased out the same to the tenants on higher rent and as they have