LINGALA KONDALA RAO Vs. VOOTUKURI NARAYANA RAO
SUPREME COURT OF INDIA
LINGALA KONDALA RAO
VOOTUKURI NARAYANA RAO
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(1.)A suit for eviction of tenant from non-residential premises based on the ground available under sub-clause (iii) of Clause (a) of sub-section (3) of Section 10 of the A. P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter the Act, for short), has been decreed by the Controller, which decree has been upheld in appeal, as also in revision by the High Court. The tenant-appellant has filed this appeal by special leave.
(2.)The facts relevant and admitted or beyond the pale of controversy at this stage are jejune. The father of the respondent was the owner of the suit property. He had let out the suit accommodation - non-residential in nature, being a shop. The property was self-acquired property of the late father of the respondent. The family consisted of the father of the respondent, the mother of the respondent and three sons including the respondent. On 24-6-1988, the father executed a registered deed of settlement whereby the suit shop was gifted to the respondent. The execution and registration of the deed of settlement is not in dispute. Consequent thereupon exclusive title in the suit shop has come to vest in the respondent. In the year 1991, the father of the respondent died. His other property which also has a few other shops devolved upon the family consisting of three sons and their widow mother. The shops other than the suit premises are in occupation of the joint family and also owned by it. So far as the suit shop is concerned, it is owned exclusively by the respondent and is in occupation of the appellant-tenant.
(3.)The bona fide requirement of the respondent for the suit shop for commencing his own business has been found proved by all the three Courts concurrently. The sale question arising for decision in this appeal centers around interpretation of Section 10(3)(a)(iii) is to whether a landlord who is entitled to a share in joint Hindu family property in the shops which are in occupation of joint Hindu family wherein joint family business is being carried on is denied the right of seeking eviction from an accommodation exclusively owned by him under the said provision.
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