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2014 Supreme(AP) 1433

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
M. Seetharama Murti, J.
Kesar Bai and Ors. – Appellants
Vs.
D. Kamal Kumar – Respondent
Civil Revision Petition No. 1102 of 2011
Decided On: 12.11.2014

Headnote:

A.P. Buildings Control Act, 1960 - Section 22 – Eviction Suit - Petitioner/tenant assailing the orders dated 14.02.2011 of the learned Chief Judge, City Small Causes Court, Hyderabad passed in learned Chief Judge while dismissing the said appeal of the tenant/petitioner herein had confirmed the order of eviction dated – original tenant died during the pendency of the rent control case and her legal heir is the present tenant. In this revision, the parties shall be referred to as the revision petitioner/tenant and the respondent/landlord for convenience and clarity – Held, personal requirement for the intended business and also on the ground that the mulgi is required for demolition and reconstruction. In the decision in Transport Pvt. Ltd facts show that the eviction was sought on twin requirements namely bona fide requirement of building for business and for repairs as the building was constructed more than 50 years ago as on the date of the eviction petition – In that case, it was found that the ground for requirement for repairs is not an independent one but connected with bona fide requirement and that, therefore, the landlord need not give undertaking to re-deliver the building to the tenant after repairs. It was inter alia held on facts that the requirement for personal occupation of the landlord in that case is bona fide and that the claim for eviction on the ground for effecting repairs is not an independent one but is connected with bona fide requirement and therefore, mere reference to Section 12 in preamble of the petition does not make it an independent ground and hence the question of the landlord giving an undertaking under Section 12(2) of the Act that he will re-deliver the premises to the tenant after repairs does not arise nor can it be said that the requirement of personal occupation is not bona fide. In the decision in the case of facts and ratio are as under landlords filed a petition for eviction of the tenant under Section 10 and Section 12 of the Act inter alia contending that the tenant is in the occupation of a and that the building is more than 75 years old and is in a dilapidated condition – Civil Revision Petition is dismissed.

ORDER

M. Seetharama Murti, J.

1. This is a civil revision petition under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 ('the Act' for brevity) by the petitioner/tenant assailing the orders dated 14.02.2011 of the learned Chief Judge, City Small Causes Court, Hyderabad passed in R.A. No. 133 of 2008 whereby the learned Chief Judge while dismissing the said appeal of the tenant/petitioner herein had confirmed the order of eviction dated 16.05.2008 in R.C. No. 380 of 2004 passed by the learned II Additional Rent Controller, Hyderabad.

2. The original tenant died during the pendency of the rent control case and her legal heir is the present tenant. In this revision, the parties shall be referred to as the revision petitioner/tenant and the respondent/landlord for convenience and clarity.

3. The introductory facts, which led to the filing of this revision by the tenant, in brief, are as follows:-

"The landlord who is the owner of a double storied building consisting of three mulgies in the ground floor filed three eviction petitions against three of his tenants including the R.C. No. 380 of 2004 against the present tenant who is in occupation of the mulgi bearing No. 15-8-20 in the ground floor of the said building situate at Siddiamberbazar, Hyderabad. The landlord had sought eviction of the tenant on the ground that the building in which schedule mulgi is a part requires demolition and reconstruction as it is in dilapidated condition and as the landlord requires bona fide the schedule mulgi and the other two mulgies in the occupation of two other tenants for commencement of business in novelties, general goods, and other fancy items. The tenant herein had filed a counter and had resisted the eviction petition filed by the landlord. During the course of enquiry before the learned Rent Controller, the landlord and his father were examined as P.Ws. 1 and 2 and exhibits P1 to P7 were marked on the side of the landlord. The husband of the tenant was examined as R.W. 1. No exhibits were marked on the side of the tenant. On merits, the trial court had allowed the eviction petition and had directed the tenant to vacate the schedule mulgi and handover vacant possession of the same to the landlord within three months. The tenant's appeal in R.A. No. 133 of 2008 was dismissed by the learned Chief Judge, City Small Causes Court. Therefore, the tenant is before this court."

4. I have heard the submissions of the learned counsel for both the sides. I have perused the material record.

5. Now the points for determination are:-

(1) Whether, in the facts and circumstances of the case, the eviction petition filed by the landlord under Sections 12 and 10(3)(a)(iii)(b) of the Act is not maintainable?

(2) Whether the landlord had established that he requires the petition schedule mulgi bona fide for his personal occupation?

(3) Whether the landlord had established his pleaded case that he requires the building which is in a dilapidated and dangerous condition for its demolition and reconstruction?

6. The grounds urged in the revision and the submissions made on behalf of the revision petitioner/tenant, in brief, are as follows:-

"The eviction petition filed by the landlord under Sections 12 and 10(3)(a)(iii)(b) of the Act is not maintainable as the two reliefs are mutually contradictory and exclusive. The schedule premises/building is not in a dilapidated condition. The courts below had failed to see that the landlord had not produced any evidence to show that the schedule premises is in dilapidated condition. The courts below had erred in holding that the premises is in a dilapidated condition and requires demolition. The appellate authority erred in holding that the landlord requires the premises bona fide for personal occupation. Even assuming that the building requires demolition and reconstruction, the landlord is bound to give an undertaking as per the provision of Section 12(2) of the Act offering a premises in the reconstru




































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