Case Note & Summary
The dispute involved an eviction petition filed by the respondents against the appellant-tenant concerning a shop-room under section 10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960. The respondents sought eviction on the grounds of bona fide requirement for starting a business in readymade garments. The Rent Controller ordered eviction, which was affirmed by the Appellate Authority and the High Court. The appellant contended that the courts below erred by not requiring specific pleading of facts necessary for eviction under the Act. The Supreme Court dismissed the appeal, emphasizing that the necessary facts must be pleaded and proved for eviction, and noted that the appellant raised the argument for the first time in the Supreme Court. The court found that the respondents had not suppressed any facts and had provided valid reasons for their requirement of the shop-room. The court also noted that even if the eviction order were set aside, it would be futile as all materials were already on record. The appeal was dismissed, but the court allowed a stay on the eviction until March 31, 1988, provided the appellant undertook to vacate the premises by that date.
Headnote
A) Rent Control - Eviction Grounds - Requirement of Pleading - Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 10(3)(a)(iii) - The landlord must plead and prove facts constituting grounds for eviction, including bona fide requirement for business and absence of other suitable accommodation. The court held that the absence of such pleading in the eviction petition justified the dismissal of the appeal (Paras 677-679).
Issue of Consideration
Whether the courts below were justified in passing the order of eviction without proper pleading of facts constituting the grounds for eviction.
Final Decision
The Supreme Court dismissed the appeal, affirming the eviction order and allowing a stay on execution until March 31, 1988, contingent upon the appellant's undertaking to vacate.
Law Points
- Pleading requirements
- Eviction grounds
- Bona fide requirement
- Non-residential buildings
- Rent Control Act
