Syed Hyder Hussain, v. P.Muralidhar Rao (Died).

HON'BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.3229 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 herein aggrieved by the order dated 31.07.2015, in I.A.No.100 of 2015 in R.C.No.73 of 2014, passed by the Principal Rent Controller, City Small Causes Court, Secunderabad, allowing the application filed by the respondents herein, under Order 6 Rule 17 of C.P.C., r/w. Section 28 of C.P.C., seeking amendment to incorporate para-6 in the petition.

2. Originally, R.C.No.73 of 2014 was filed by respondent No.1 claiming eviction of the petitioner/tenant for bonafide requirement and also to commence business in the petition schedule premises. After his demise, respondent Nos.2 to 5, who are the legal representatives of the deceased-1st respondent, have come on record and filed the present application, being I.A.No.100 of 2015, seeking amendment to incorporate para-6 in the petition. The Court below, after considering the material on record, has allowed the said application through the impugned order dated 31.7.2015. Hence, the present civil

revision petition.

3. Having heard learned counsel for the petitioner/tenant, I have perused the proposed para-6, which is sought to be substituted in the petition by way of amendment.

4. From a perusal of para-6, which is sought to be substituted, even respondent Nos.2 to 5, who are legal representatives of the deceased-1st respondent, plead that they require the petition schedule premises to commence business. Therefore, it cannot be said that there is no cause survives for the legal representatives of the deceased-1st respondent to plead by way of amendment, the bonafide requirement of the petition schedule premises for business purpose.

5. In view of the reasons assigned by the Court below, I do not find any illegality in the impugned order passed by the Court below, so as to interfere with the same.

6. This civil revision petition is devoid of merits and is accordingly dismissed, at the admission stage. As a sequel, miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

____________________________ JUSTICE R. SUBHASH

REDDY 14.08.2015.

Msr HON'BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.3229 of 2015

14.08.2015 Msr