Revision petition against dismissal of appeal in rent suit for eviction. Court found no merit, dismissed revision but granted enhanced time for tenant to vacate premises.
Petitioner granted time to vacate premises until 06.12.2012. Rent Controller to file affidavit confirming vacance on said date.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO
CIVIL REVISION PETITION No.2096 of 2012
ORDER :
Petitioner-tenant preferred the present Civil Revision Petition being aggrieved over the order dated 26.03.2012 passed in R.C.C.M.A.No.215 of 2011 by the Principal Senior Civil Judge-cumAppellate Authority Under A.P.Buildings (Lease, Rent & Eviction) Control Act, Vijayawada.
Heard.
Initially, respondent-landlord filed Rent Control Case No.7 of 2011 before the Rent Controller-cum-IV Additional Junior Civil Judge, Vijayawada, under Section 10 (3) (a) (i) (a) and 10 (3) (c) of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1961 seeking eviction of the petitioner herein from schedule property and to put the respondent herein in possession of the same, which was allowed by order dated 27.10.2011. As against the said order, petitioner herein preferred R.C.C.M.A.No.215 of 2011, which was dismissed by the Appellate authority vide impugned order. Challenging the same, present revision has been preferred.
This Court has carefully gone through the orders passed by both the trial Court and also the appellate Court and also heard the rival contentions on either side. This Court finds no merits in the present revision and the impugned order does not suffer from any illegality or perversity warranting interference of this Court.
At this juncture, learned counsel for the petitioner sought time to vacate the schedule premises. Taking into consideration the said submission and also the fact that the petitioner-tenant is in possession of the schedule premises for a considerable period, the present Civil Revision Petition is disposed of with the following directions:
Judge, Vijayawada, submitting that he will vacate the schedule premises by 06.12.2012,
There shall be no order as to costs.
Miscellaneous petitions filed in this revision, if any, shall stand closed.
________________________ JUSTICE RAJA ELANGO
Dated 4th June, 2012 sur
1 issue framed by the court
Whether the Civil Revision Petition challenging the dismissal of the appellant's recovery appeal requires interference.
Petitioner-tenant
Respondent-landlord
Raja Elango
As recorded by the court registry
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