Andhra Pradesh Buildings (Lease, Rent and Eviction) Control
Act, 1960: s. 10(2)(i), 10(2)(vi) and 10(3)(a) – Eviction of tenant –
Original owner of the property leased out the property to the
predecessor in interest of the appellants and they were paying rent
to the owner – Case of the respondent that his father had purchased
the said property vide registered sale deed – Respondent filed petition
for eviction of tenant-appellant no. 2 and 3 and others from shop
on the ground of non-payment/default in payment of rent, tenant’s
denial of the title of the landlord not being bonafide, and landlord’s
right to be put in the possession of property for his own business
use – Appellants denied the title of the respondent as also claimed
title over the schedule property contending that they purchased the
same from the original owner – However, the tenant directed to
vacate the schedule property – Said order upheld by the appellate
authority and the High Court – Interference with – Held: Not called
for – When the respondent, as landlord, claimed eviction on the
ground of tenants’ denial of his title over the petition schedule
property and to establish such denial as not being bonafide
produced its registered sale deed, the appellants and their
predecessors-in-interest could not justify the denial merely by
asserting that their predecessor-in-interest, had purchased it for a
valid consideration, without producing any supporting material(s)
admissible in evidence – In respect of the sale of an immovable
property, worth value which makes the sale deed compulsorily
registrable, the genuineness of the denial of title cannot be decided
based on presumptions and oral assertations ignoring a valid
registered document – Concurrent findings of the courts below that
the title of the respondent was malafidely denied by the appellants
is the rightful conclusion on appreciation of the facts and evidence
obtained in this case – Nothing that would establish non-consideration of any material or consideration of irrelevant material, to arrive at the finding that the requirement to get vacant possession
of the petition schedule property of the respondent is malafide – In
view thereof, no reason to hold that such findings are infected with
perversity or manifest injustice.