- (1.) The appellant herein is the tenant, whereas the respondent is the landlord. The landlord filed a petition for eviction of the tenant from the premises on the ground that he required the said non-residential accommodation for the purpose of setting up a new business for his son who was unemployed. The said petition was rejected by the Additional Rent controller, Hyderabad. The appeal against the said order was also rejected. The respondent landlord filed a revision under Section 22 of the Andhra pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as "the Act"). The High Court allowed the revision petition after setting aside the trial court's as well as the appellate court's judgments.
(2.) Learned counsel appearing for the appellant urged that the High Court had totally misdirected itself in deciding the case of the landlord under section 10 (3) (iii) (c) , whereas the case of the landlord was founded upon section 10 (3) (iii) (b) of the Act and, therefore, the judgment suffers from legal infirmity.
(3.) We have perused the petition for eviction filed by the landlord and find that the eviction was sought under Sections 10 (2) (iii) (v) (sic) and (3) (m) (b) of the Act. Para 2 of the said petition runs as under: "That the son of petitioner Shiv Kumar has left his studies few years back and since then he is sitting with the petitioner in his cloth shop 'b. S. GUPTA' situated adjacent to suit premises at Patel Market, hyderabad. That said Shiv Kumar has gained much experience in cloth business and he intends to start a separate cloth business of his own and for this purpose the petitioner bona fidely requires the suit malgi in possession of the respondent. The suit malgi is most suitable one for commencing the abovesaid business as it is situated in cloth market. Further the petitioner is having sufficient funds to provide it for the business to be evicted on this ground of personal requirement of the petitioner. "the aforesaid averments clearly show that the case of the landlord for eviction against the tenant was founded upon under Section 10 (3) (iii) (b) of the Act.;