IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Harinath.N, J
Kanaka Pradeep Raju – Appellant
Versus
Dr.Chaganti Srinivas – Respondent
C.R.P.Nos.1085 and 1123 of 2020
| Table of Content |
|---|
| 1. background of eviction based on landlord's bonafide requirement. (Para 1 , 2 , 3) |
| 2. argument regarding the impact of rent payment status on eviction. (Para 4) |
| 3. validation of landlord's bonafide requirement for establishing a professional clinic. (Para 5 , 6 , 7) |
| 4. dismissal of revision petitions with a grace period for vacating premises. (Para 8 , 9 , 10) |
Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to present this Memorandum of Civil Revision Petition to this Hon'ble Court aggrieved by Order and Decree dated 26-02-2020 passed in R.C.A.No. 15 of 2018 on the file of the Court of the Rent Appellate Controller-cum Principal Senior Civil Judge, Kakinada, East. Godavari District confirming the Order and Decree dated 17-07-2018 passed in R.C.C.No. 9 of 2016 on the file of the Court of the Rent Controller-cum-Principal Junior Civil Judge, Kakinada, East Godavari District
IA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings pursuant to the Order and Decree dated 26-02-2020 passed in R.C.A.No. 15 of 2018 on the file of the Court of the Rent Appellate Controller-cum-Principal Senior Civil Judge, Kakinada, East Godavari District confirming the Order and Decree dated 17-07-2018 passed in R.C.C.No. 9 of 2016 on the file of the Court of the Rent Controller-cum-Principal Junior Civil Judge, Kakinada, East Godavari District including the execution proceedings, pending disposal of C.R.P. and pass
Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to Memorandum of Civil Revision Petition against the judgment and decree dated. 17-07-2018 in R.C.C. 7/2016 on the file of the court of the Rent Control cum Principal Junior Civil Judge, Kakinada, which was confirmed in R.C.A 13/2018 on the file of Rent Control Appellant authority cum Principal Senior Civil Judge, Kakinada
IA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings including execution proceedings pursuant to the judgment and decree dated: 17-07-2018 in R.C.C. 7/2016 on the file of the court of the Rent Control cum Principal Junior Civil Judge, Kakinada, which was confirmed in R.C.A 13/2018 on the file of Rent Control Appellant authority cum Principal Senior Civil Judge, Kakinada, pending disposal of the C.R.P., in the interest of justice and pass such other
COMMON ORDER:
1. The learned counsel appearing for the petitioners submits that the petitioners are aggrieved by the orders passed in Rent Control Appeal No.15 of 2018 and Rent Control Appeal No.13 of 2018 by the Rent Appellate Controller-cum-Principal Senior Civil Judge, Kakinada. The petitioners herein are tenants who had taken the commercial premises on rent on a monthly rental basis from the respondent.
2. It is submitted that the landlord filed RCC No.9 of 2016 and RCC No.7 of 2016 before the House Rent Controller-cum-Principal Junior Civil Judge, Kakinada, seeking the relief of eviction and handing over the possession of the leased premises. The Rent Control Court allowed the RCCs filed by the respondent on 17.07.2018, primarily holding that the respondent had established the bonafide requirement of the said premises for his own use.
3. Aggrieved thereby, the petitioners filed Rent Control Appeal Nos.15 of 2018 and 13 of 2018 before the Appellate Court. The Appellate Court dismissed the appeals vide orders dated 26.02.2020 and 21.03.2020, and confirmed the findings of the Rent Control Court in RCC Nos.9 of 2016 and 7 of 2016 with regard to the bonafide requirements e
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