TaxTMI 
TaxTMI 
TaxTMI 
1979 (2) TMI 197
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..... The question arises this way. The respondent, an Advocate filed an application before the Rent Controller seeking eviction of the appellant, his tenant, from the premises in question on the ground that he required the premises for the purpose of carrying on his profession as an Advocate. The application was contested by the appellant who was carrying on the business of manufacturing art jewellery in the premises. We are not concerned in this appeal with the several defences which were raised by the appellant. Nor are we concerned with the vicissitudes which the case underwent. For the purposes of this appeal it is sufficient to say that the final Court of fact, namely the Chief Judge of the Court of Small causes, Hyderabad, found that the....
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....ding could not seek to evict his tenant on the ground of his requirement unless it was for the purpose of carrying on a business. According to the learned Counsel this indicated that the expression business was to be given a narrow meaning and was to be confined to activities of a commercial nature. The learned Counsel also urged that the Court should favour a construction which would be beneficient to the tenant. Dr. Chitaley relied on M. P. Sethurama Menon v. Thaiparambath Kunhukutty Amma's daughter, Meenakshi Amma and Ors. (A.I.R. 1967 Kerala 88.) Bangalore Water-Supply & Sewerage Board etc. v. R. Rajappa & Ors. ([1978] 3 S.C.R. 207.) and Stuchbery & Ors. v. General Accident Fire and Life Insurance Corporation Ltd.( [1949] 2 K. B. D.....
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....es not necessarily throw any light on the manner in which the term should be understood generally. On the other hand it is a sound, and, indeed, a well known principle of construction that meaning of words and expressions used in an Act must take their colour from the content in which they appear. Dr. Chitaley very frankly and fairly conceded as much. Now the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, is an 'Act to consolidate, and amend the law relating to the regulation of leasing of buildings, the control of rent thereof an(l the prevention of unreasonable eviction of tenants therefrom in the State of Andhra Pradesh. It applies to the cities of Hyderabad and Secunderabad and to all municipalities in the S....
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.... a residential building requires it for his own occupation. Section 10(3)(a)(iii) provides for the eviction of a tenant from a non-residential building where "the landlord is not occupying a non-residential building in a city town or village concerned which is his own or to the possession of which he is entitled whether under the Act or otherwise-(a) for the purpose of a business which he is carrying on on the date of the application, or (b) for the purpose of a business which in the opinion of the Controller, the landlord bona-fide proposes to commence". Section 12 and 13 contain special provisions relating to recovery of buildings by landlord for the purpose of effecting repairs, alterations or additions or for reconstruction. T....
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....1)(g) of the Constitution, Section 49 of the Advocates Act, 1961, the Madras Shops and Establishments Act, 1947 and drew a distinction between the words 'business' and 'profession.' As mentioned by us earlier, we do not think that it is right to ascribe to the word 'business' occurring in the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, the same meaning that the word may have when it occurs in other statutory provisions. The word must be interpreted in the context of the statute in which it occurs and not in the context of other statutes or in a manner alien to the context of the statute concerned. In Bangalore Water-Supply & Sewerage Board etc. v. R. Rajappa Ors., (supra) Chandrachud, J. (....
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....eir being used for the purpose of carrying on there at any profession". The question in that case was about the right to compensation for the goodwill attached to the premises where the "business" or "profession" was being carried on. We do not think 1 that the case is of any help to the appellant. We may refer here to the decision of Danckwerts, J., in Re Williams' Will Trusts, Chartered Bank of India, Australia and China and Another v. Williams and Others.( [1953] All E.R. 536.) where the question was whether the bequest to a son for the purpose of starting him in 'business' was affective to start the son in medical practice. The learned Judge held that it did, observing that the word 'business....