THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 3171 OF 2011 Dated:18-11-2014
Between:
Smt. M. Nagrathnam ... PETITIONER AND Raju Singh Rathore .. RESPONDENT THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 3171 OF 2011 ORDER:
The petitioner filed R.C No. 533 of 2007 before the IV Additional Rent Controller, Hyderabad against the respondent for eviction from the schedule premises. She pleaded the grounds of wilful default and bona fide requirement. The enquiry into the R.C commenced. However, the petitioner did not produce the witnesses. Taking the same into account, the learned Rent Controller dismissed the R.C on 06-04-2010.
The petitioner filed I.A No. 225 of 2010 under Rule 8(3) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Rules, 1961, with a prayer to set aside the order dated 06-04- 2010. The same was dismissed on 01-07-2010. Hence, the revision.
Heard Sri P.V. Sanjeeva Rao, learned counsel for the petitioner and Sri B. Vijaysen Reddy, learned counsel for the respondent.
It is no doubt true that there was lapse on the part of the petitioner in adducing the evidence. However, it is said to be on account of factors like amendment of petition and thereafter imposition of curfew in the area. This Court is of the view that the petitioner deserves to be given an opportunity to pursue the matter.
Hence, the C.R.P is allowed and the order under revision is set aside on condition that on the next date of hearing fixed by the learned Rent Controller, the petitioner shall be ready with the witnesses. If she fails to adduce evidence, the R.C shall be dismissed on that day itself.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J 18-11-2014 ks