EKBOTE, J. :- 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 Wider 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 ?"

It arises in the following circumstances.

2. The respondent-landlord filed a petition under S. 10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter called the Act) against the petitioner-tenant on two grounds, firstly that his son who had attained majority intends to start a new business and secondly, that the building requires re-construction. That petition 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 requirement of the landlord and that the building requires re-construction. Eviction was however, directed only on the first ground.