THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY
CIVIL REVISION PETITION No. 3327 OF 2014 Dated:09-12-2014 Between:
Mohd. Mahboob Shareef
... PETITIONER
AND
Syed Mubasheer Ahmed
. RESPONDENT
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 3327 OF 2014 ORDER:
The respondent filed R.C No.146 of 2005 against the petitioner before the Principal Rent Controller, Hyderabad for eviction from the schedule premises. The R.C was allowed on 22- 10-2008. Aggrieved by that, the petitioner filed R.A No. 20 of 2009 before the Chief Judge, City Small Causes Court, Hyderabad. The appeal is said to be at the stage of hearing.
The petitioner filed I.A No. 820 of 2013 under Order VI Rule 17 CPC, with a prayer to permit him to amend the counter filed in the R.C. After hearing both the parties, the learned Chief Judge dismissed the application through order dated 20-06-2014. Hence, this revision.
Heard Sri Devakinandan Rathi, learned counsel for the petitioner and Sri Cheruku Ravi Kumar, learned counsel for the respondent.
The R.A itself is pending for the past five years. May be, on account of the serious contest between the parties. The R.C was filed by pleading the grounds of willful default and bonafide requirement. The learned Rent Controller ordered the same. Left to himself, the petitioner is not claiming title to the property nor it is a case where any third party has come forward claiming title. Amendment to the written statement/counter at the stage of appeal is a rarity and the extension of such a facility in the proceedings under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 is almost impermissible. Further, the proposed paragraph does not refer to any events that are said to have taken place during the pendency of the R.A.
The lower appellate Court has taken the correct view of the matter and this Court is not inclined to interfere with the same.
The C.R.P is accordingly dismissed. The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J
09-12-2014
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