Miss Ghousia Begum Vs Ali Dasti

THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No.4897 of 2013

ORDER:

The petitioner filed R.C.No.47 of 2011 before the Additional Rent Controller, Secunderabad, for eviction of the respondents from the premises in question. During the pendency of the R.C, she filed I.A.No.251 of 2013 with a prayer to permit her to amend the petition with reference to the boundaries. It was pleaded that the mistake in the description of the property was noticed only at the stage of arguments and accordingly, the application was filed. The respondents opposed the application. The Rent Controller dismissed the I.A through order dated 11.10.2013. Hence, this revision.

¶4

Heard Sri Mrigendra Sanghi, learned counsel for the petitioner.

¶5

Though the respondents are served with notice, they have not entered appearance.

¶6

It is no doubt true that the application for amendment was filed after the commencement of the trial. However, the proposed amendment is only in relation to the boundaries. Even the respondents did not seriously dispute that there exists an error in the boundaries. The effect of such boundaries would have been serious, had it been proposed in a suit for declaration of title or recovery of possession. This Court is of the view that the petitioner deserves to be given an opportunity to amend the petition so that the correct facts are presented before the Court.

¶7

The Civil Revision Petition is accordingly allowed and the order under revision is set aside. The I.A shall stand allowed. The fair copy of the R.C with amendment shall be filed within two weeks from today. There shall be no order as to costs.

¶8

The Miscellaneous Petitions filed in this revision petition shall stand disposed of.

¶9

___________________________ L. NARASIMHA REDDY, J

¶10

Date: 12.12.2014 va

Miss Ghousia Begum v. Ali Dasti

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Miss Ghousia Begum v. Ali Dasti

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