Rent control court dismissed tenant's appeal confirming eviction. Revision petitioner undertook to vacate premises by 30.11.2015. High Court dismissed revision but granted specific time for vacatur based on undertaking.
Time granted to petitioner/tenant to vacate the subject premises by 30.11.2015.
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HON’BLE SRI JUSTICE R.SUBHASH REDDY
CIVIL REVISION PETITION No.4668 of 2015
ORDER :
This Civil Revision Petition, under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for brevity “the Act”) is filed by the petitioner/tenant aggrieved by the judgment dated 15.07.2015 in R.A.No.264 of 2013 passed by the Additional Chief Judge, City Small Causes Court, Hyderabad, dismissing the appeal and confirming the order dated 29.11.2013 in R.C.No.113 of 2012 passed by the Additional Rent Controller, Secunderabad.
2. When the matter is called for hearing, it is represented by the learned counsel for petitioner/tenant that pursuant to the dismissal of R.A.No.264 of 2013, the respondent/landlord has filed execution petition, wherein the petitioner/tenant has filed an undertaking to the effect that he would vacate the subject premises by 30.11.2015. In view of such undertaking, the learned counsel requested to dispose of the civil revision petition granting time to vacate the subject premises by 30.11.2015. 3. In view of the concurrent findings of willful default and bonafide requirement recorded by both the Courts below, I do not find any illegality or legal infirmity in the findings recorded by both the Courts below, warranting interference by this Court.
4. However, in view of the undertaking given by the
petitioner/tenant in the execution proceedings to vacate the subject premises by 30.11.2015 and also the request made by the learned counsel for petitioner/tenant to dispose of the revision granting time to vacate the subject premises by 30.11.2015, this civil revision petition is disposed of granting time to the petitioner/tenant to vacate the subject premises by 30.11.2015.
5. As a sequel, miscellaneous petitions pending, if any, shall stand closed. No order as to costs.
____________________________ JUSTICE R. SUBHASH
REDDY 19.11.2015. Msr
HON’BLE SRI JUSTICE R.SUBHASH REDDY
CIVIL REVISION PETITION No.4668 of 2015
19.11.2015 Msr
2 issues framed by the court
Whether to allow time for vacating premises given undertaking by tenant
Whether the impugned order is illegal or calls for interference
1 provisions across 1 enactments
PETITIONER/ TENANT
RESPONDENT/ LANDLORD
R. SUBHASH REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
