GANGARAM versus N. SHANKAR REDDY

GANGARAM versus N. SHANKAR REDDY

Section 10(3)(c) of the Act applies only when the landlord and tenant occupy portions of the same building; ownership of adjoining buildings does not suffice to invoke additional accommodation eviction provisions.

Source-derived case information.

Parties
Appellant: Gangaram; Respondent: N. Shankar Reddy
Jurisdiction
India
Judgment Date
06 October 1988
Procedural Posture
Civil Appeal / Appeal by Special Leave From Andhra Pradesh High Court Judgment in C.r.p. 250 of 1977
Outcome
Appeal allowed
Legal Topics
Eviction, Lease, Additional Accommodation
Landlord Tenant Property Law Eviction Lease Additional Accommodation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Gangaram

Appellant

N. Shankar Reddy

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Andhra Pradesh High Court Judgment in C.r.p. 250 of 1977

Legal Issues

  1. 1 Whether section 10(3)(c) of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 applies when landlord and tenant occupy different buildings owned by landlord
  2. 2 Whether 'building' under section 10(3)(c) refers to physical oneness or ownership

Ratio Decidendi

Section 10(3)(c) of the Act applies only when the landlord and tenant occupy portions of the same building; ownership of adjoining buildings does not suffice to invoke additional accommodation eviction provisions.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of Appellate Authority and High Court set aside
  • Order of Rent Controller dismissing the respondent's petition for eviction restored