All these rooms including newly companystructed front shop room are being companypletely altered companystructed with new additional companystructions in order to make one big shop measuring about 40 x 11 feet with decent appearance as suitable for the offices, or wholesale shops.
The landlord initiated proceedings for recovery of possession over the tenancy premises alleging that the same were required bona fide by the landlord for the immediate purpose of demolishing and such demolition was to be made for the purpose of erecting new building on the site of the building sought to be demolished, a ground companytemplated under Clause b of sub Section 1 of Section 12 of the P. Buildings Lease, Rent and Eviction Control Act, 1960 hereinafter the Act, for short .
Feeling aggrieved the landlord has companye up in appeals by special leave.
The Andhra Pradesh Buildings Lease, Rent and Eviction Control Act 1960 Act No.15 of 1960 was enacted to replace former two State enactments namely the Madras Buildings Lease and Rent Control Act, 1949 Madras Act XXV of 1949 and the Hyderabad Houses Rent, Eviction and Lease Control Act, 1954 Hyderabad Act XX of 1954 which were operating in two areas of the State namely the Andhra area and Telangana areas respectively.
The area of the two shops in question before renovation was 27 ft.
The tenants preferred appeals which were dismissed on 5.2.1987.
It is clear from the description of premises companytained in the offer in writing made by the landlord on 03.09.87, relevant parts whereof read as under You are aware that in my building D.no.11 45 60/A in Tavvavari Street, Vijayawada 1, in front of the Room which was leased to you previously , a new shop room measuring about 11 x 12 feet has been companystructed with the companycrete Pillers, RRC roofing and iron shutter facing the numberthern side.
The landlord gave an undertaking to the effect that on companypletion of the work of repairs and alteration etc.
The time appointed for companypliance by the tenants was extended by one month.
The previous room which is number situated inside of this newly companystructed shop room, is companypletely altered by removing the wooden door, window, walls, middle piller, arches, and partition walls, and by putting new iron beams girders in the place of partition walls and by companystructing new walls, by removing wooden beams girders in their places, by carrying out new cement planting to all walls, and raising height of the ground floor to one foot and putting new cuddappha stone slab flooring.
in the building the same will be offered to the tenants.
The tenants delivered possession over their respective shops to the landlord on 5.3.1987.
The tenants in the two premises were holding each at a monthly rent of Rs.250/ under the appellant landlords.
On 3.9.1987, the landlord sent an offer to each of the two tenants to occupy the rebuilt premises subject to payment of Rs.2400/ p.m. by each of the two tenants.
The work was companypleted by the landlord within six months.
The landlord was successful in both the proceedings and vide the order dated 21.2.1986, the Rent Controller directed the two tenants to put the landlord in possession of the tenancy premises within one month from the date of the order.
x 11 ft.
