Miss. Tahera v. Mohd. Sadiq

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTY C.R.P.No.4033 of 2016

ORDER

This revision under Section 22 of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Act') is field challenging the findings recorded by both the Principal Rent Controller-cum-12th Junior Civil Judge, Hyderabad and the Chief Judge, City Small Causes Court, Hyderabad, ordering eviction on the ground of wilful default, bonafide requirement of the premises and denial of title of the landlord without any bonafides under Sections 10(2)(i)(iv) and Section 10(3)(a)(iii)(b) of the Act. 2.

The trial Court believed all the aforesaid three grounds and ordered eviction of tenant from petition schedule property and the appellate Court affirmed the same on appreciation of the entire evidence.

3.

During hearing, learned counsel for the revision petitioner Sri D. Srinivasa Rao represented that the order passed by the Principal Rent Controller as affirmed by the appellate Court was executed by filing an execution proceedings and the Court Amin delivered possession of property to the respondents, but the belongings/articles of the revision petitioner are in the custody of the Court and he requested to pass appropriate orders for release of those belongings/articles. Except making such request, no other ground is urged before this Court.

4.

In view of the request made by learned counsel for the petitioner, liberty is granted to the revision petitioner/tenant to move appropriate application before the Executing Court for release of his

MSM, J C.R.P.No.4033 of 2016 belongings/articles, and on filing such an application, the Executing Court is directed to pass appropriate order immediately. 5.

Subject to the above direction, the Civil Revision Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this revision shall stand closed. _____________________________ M. SATYANARAYANA MURTY, J 21st September, 2016 sj