Sri Mohd. Shareef Vs Ahmed Nizamuddin (Died as per LRs)

THE HON’BLE THE ACTING CHIEF JUSTICE SRI B.PRAKASH RAO CIVIL REVISION PETITION NO.5432 OF 2010

ORDER:

The petitioner filed this revision under Section 22 of the A.P. Buildings (Least, Rent & Eviction) Control Act, 1960, inter alia, seeking to assail the order dated 26.10.2010 in I.A.No.722 of 2009 in R.A.No.76 of 2008 on the file of the Chief Judge, City Small Causes Court, Hyderabad, in allowing the petition filed under Order VI Rule 17 of the Code of Civil Procedure, 1908, in seeking permission to amend the rent control petition to include paragraph 8- A to the petition on the ground that subsequent to the death of the first respondent herein, the requirement of the petition schedule premises for personal use of the fifth respondent herein arose to start his proposed business.

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In the appeal, the main ground raised was to the effect that the amendment as sought would totally change the claim and further, there being no proper opportunity to rebut and there being no proper material evidence in support, the same ought not to have allowed.

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It is to be seen that the order under challenge does not amount to allowing of the main case and it can be granted subject to availability of the provision of law. These are matters, which require to be gone into at the time of disposal of the appeal but not at this stage. It is too early to raise all these objections. Hence, I do not find any merits to warrant interference with the order of the Court below.

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Accordingly, the Civil Revision Petition is dismissed. No costs.

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____________________ (B.PRAKASH RAO, HACJ)

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26^th November 2010 RRB

Sri Mohd. Shareef v. Ahmed Nizamuddin (Died as per LRs)

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Sri Mohd. Shareef v. Ahmed Nizamuddin (Died as per LRs)

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