M/S. Ganesh And Sons v. Luke Perira

HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO CIVIL REVISION PETITION No. 184 OF 2015 DATED 2nd November, 2015 BETWEEN M/s. Ganesh & Sons Rep. by its Prop. Mirza Ali Baig ......petitioner And Luke Perira

...Respondent.

HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO CIVIL REVISION PETITION No. 184 OF 2015 ORDER:

This Civil Revision Petition is filed aggrieved by the order dated 16.06.2014, passed in I.A.No.305 of 2013 in R.C.No.3 of 2013 by the learned Additional Rent Controller, at Secunderabad.

The petitioner herein is the respondent in RC.No.3 of 2015. The respondent herein filed the aforesaid case under Section 6 of the A.P. Buildings (Lease, Rent and Eviction) Control Act,1960 for fixation of fair rent in respect of the premises in occupation of the petitioner. He filed an affidavit in lieu of his Chief Examination. The petitioner herein filed an application I.A.No. 305 of 2013 seeking to reject the said affidavit. The respondent herein opposed the said application by filing a counter affidavit. After hearing either party and perusing the material, the Court below dismissed the application filed by the petitioner herein. Hence the present revision petition,.

The petitioner herein filed the application without disclosing the relevant facts in the affidavit which are necessary, on the other hand, he merely explained the contents of the circular issued by this Court. The trial Court noticed that there are no unnecessary pleadings or enlargement of the pleadings in the chief affidavit filed in lieu of chief examination by the respondent and accordingly dismissed the application filed by the petitioner herein. In view of the observations made by the trial Court and having considered the circular issued by this Court on 19.07.2007, the order of the trial Court cannot be found fault with.

The Civil Revision Petition is accordingly dismissed at the admission stage. Miscellaneous petitions pending consideration if any in the Civil Revision Petition shall stand closed in the light of this final order. No order as to costs. --------------------------------------------------- JUSTICE A. RAMALINGESWARA RAO DATED 2nd November, 2015.

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