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VENKATESWARLU NIMMAGADDA
B. Ramarao – Appellant
Versus
Khadar Badashah – Respondent
ORDER :
Venkateswarlu Nimmagadda, J.
1. The present Civil Revision Petition is filed seeking the following relief:
2. The case of the petitioner is as follows:
3. Petitioner herein is the tenant and Respondent is the land lord. It is submitted that the Respondent filed R.C.C. No. 2 of 2013 on the file of the Principal Junior Civil Judge at Vizianagaram against the petitioner under Section 10 (3) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short hereinafter "the Act, 1960") for eviction of the petitioner and after trail, the learned Principal Junior Civil Judge, Vizianagaram was pleased to allow the RCC and directing the petitioner to vacate the suit schedule property by judgment and decree dated 01.10.2
The landlord's bona fide requirement for eviction under the Act is valid, and the tenant's claims of alternative premises do not negate this requirement.
A landlord can seek eviction for own occupation under the Tamil Nadu Act despite incorrect citation of law, as long as bona fide need for the premises is established for business.
Landlord's bona fide need for property doesn’t require dire necessity; tenant's livelihood claims must prove attempts for alternative accommodations.
Senior citizen landlords are entitled to immediate possession under Section 10C of the Act without needing to prove bona fide requirement as strictly as under other provisions.
Point of Law : Law is well settled that in absence of any evidence regarding payment of rents or that procedure as laid down under Section 8 of the A.P. Buildings (Lease, Rent & Eviction) Control Act....
Failure to follow prescribed rent payment procedure constitutes wilful default under the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960.
The landlord is entitled to evict the tenant for willful default in payment of rent and bonafide requirement.
A landlord's eviction petition under the Tamil Nadu Buildings Act may be upheld despite minor misquotations if bonafide personal necessity is proven.
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