THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 4305 OF 2011 Dated:04-07-2014 Between:
Mohameed Amjad Ali ... PETITIONER AND Mohammed Ashfaq Ahmed .. RESPONDENT THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 4305 OF 2011 ORDER:
The respondent filed O.S No. 2325 of 2010 against the petitioner in the Court of VIII Junior Civil Judge, City Civil Court, Hyderabad for eviction from the suit schedule property. During the pendency of the suit, the petitioner filed I.A No. 302 of 2011 under Order XIV Rule 5 CPC with a prayer to decide the question of jurisdiction as a preliminary issue. The trial Court dismissed the application through its order dated 01-08-2011. Hence this revision.
Heard the learned counsel for the petitioner.
The basis for the petitioner to claim that the trial Court does not have jurisdiction is that in a rent control case between the vendor of the respondent on the one hand and the petitioner on the other hand, a finding was recorded to the effect that two shops are under one municipal number and the rent thereon is Rs.725/- per month. Even if that is true, the question can be decided only after recording the evidence of the concerned parties and filing of the documents. Once that becomes necessary, the recording of evidence cannot be in respect of a facet of the dispute. The trial Court has taken the correct view of the matter and this Court is not inclined to interfere with the same.
Hence, the revision is dismissed, however, directing that the trial Court shall frame an issue as to the jurisdiction and decide the same in accordance with law along with the other issues.
Miscellaneous petitions filed in this revision shall stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J 4th July, 2014 ks