Between THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION Nos. 2046 AND 2047 OF 2014 Dated:31-10-2014
Poonamchand Sahu
AND
Mohandas Samtani
... PETITIONER
.. RESPONDENT
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION Nos. 2046 AND 2047 OF 2014 COMMON ORDER:
The petitioner is the owner of the premises bearing Nos.5-4-742/1 to 5-4- 742/6, Abids, Nampally Station Road, Hyderabad, which in turn was leased out to the respondent. The petitioner filed R.C No. 232 of 2011 before the IV Additional Rent Controller, Hyderabad for fixation of fair rent. The enquiry into the RC commenced and the evidence of PW 1 was closed. At that stage, the petitioner filed I.A Nos.72 and 73 of 2014 to recall PW 1 and to receive certified copy of the document bearing No.2526/2010. The applications were opposed by the respondent. It was pleaded that neither the relevance of the document was mentioned nor the reasons for recalling of PW 1 were stated. The learned Rent Controller dismissed the I.As through separate orders dated 24-04-2014. Hence, these revisions.
Heard Sri Kishore Rao, learned counsel for the petitioner and Ms. Manjiri S. Ganu, learned counsel for the respondent.
In the context of fixation of fair rent, the owner of the premises has to prove the facts and figures pertaining to the immediate neighbourhood. The lease deed in respect of a premises in the vicinity may certainly be relevant. However, the facts pertaining to that must be mentioned in the affidavit, particularly when the lease deed was not enclosed to the R.C and when PW 1 was already examined. The affidavits filed by the petitioner in support of the I.As are silent on these aspects. The learned Rent Controller has taken the correct view of the matter.
The C.R.Ps are accordingly dismissed. However, it is left open to the petitioner to file fresh applications within three weeks. As and when such applications are filed, they shall be decided on merits.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J 31-10-2014 ks