M/S RAWALMAL NARAINDAS AND SONS versus B. AMARNATH AND ANR.

M/S RAWALMAL NARAINDAS AND SONS versus B. AMARNATH AND ANR.

A separately demarcated and leased unit with its own door number is to be treated as a 'building' for the purpose of eviction under the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960; landlord’s bona fide requirement for commercial purposes entitles him to eviction even if other units in the overall building are used by him for residential or temporary business purposes; the bar under Section 18 is not attracted when not pleaded or demonstrated before lower courts.

Parties
Appellant: M/S Rawalmal Naraindas; Respondent: B. Amarnath; Respondent: Another co-owner (respondent)
Jurisdiction
India
Judgment Date
08 April 1999
Procedural Posture
Civil Appeal / Supreme Court Appellate Judgment
Outcome
Appeal dismissed.
Legal Topics
Eviction of Tenant, Bona Fide Requirement of Landlord, Applicability of 'building' Definition Under Statute, Distinction Between Residential and Non Residential Premises
Rent Control & Eviction Eviction of Tenant Bona Fide Requirement of Landlord Applicability of 'building' Definition Under Statute Distinction Between Residential and Non Residential Premises

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Parties

M/S Rawalmal Naraindas

Appellant

B. Amarnath

Respondent

Another co-owner (respondent)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Judgment

Legal Issues

  1. 1 Whether a separate unit in a building can be treated independently for eviction proceedings under the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960
  2. 2 Whether the conversion of the building contrary to Section 18 disentitles the landlord from seeking eviction
  3. 3 Whether bona fide requirement under Section 10(3)(a)(iii) applies if the landlord owns or occupies other premises

Ratio Decidendi

A separately demarcated and leased unit with its own door number is to be treated as a 'building' for the purpose of eviction under the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960; landlord’s bona fide requirement for commercial purposes entitles him to eviction even if other units in the overall building are used by him for residential or temporary business purposes; the bar under Section 18 is not attracted when not pleaded or demonstrated before lower courts.

Court Disposition

Appeal dismissed.

Orders

  • Order of eviction to be implemented only after 30.9.1999 provided appellant furnishes undertaking to vacate and pays compensation at existing rent rate; appellant not to alter nature of building during this period.