Syed Siraj Ul Haq, Hyderabad v. Syed Zafar Ali, Hyderabad

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.5 6 4 6 OF 2 0 1 5 ORDER:

This revision, under Section 22 of A.P. Building (Lease, Rent and Eviction) Control Act, 1960, is filed by the petitioner/ appellant/ respondent, aggrieved by the order dated 26.10.2015 passed in R.A.No.245 of 2014 by the Additional Chief Judge, City Small Causes Court, Hyderabad, wherein the order dated 31.10.2014 passed in I.A.No.407 of 2014 in R.C.No.123 of 2014 by the II Additional Rent Controller-cum-XIV Junior Civil Judge, Hyderabad, was confirmed by directing the revision petitioner to vacate and hand over the subject schedule premises to the respondent within two months from the date of the judgment, failing which the respondent is at liberty to get the possession of the subject schedule premises under due process of law. 2.

Heard the learned counsel for the revision petitioner and perused the record.

3.

Learned counsel for the revision petitioner would submit that in terms of the order dated 31.10.2014 in I.A.No.407 of 2014 in R.C.No.123 of 2014, the revision petitioner had deposited rent as ordered with a delay of five days as he was not informed the impugned order by his counsel.

4.

As per the material placed on record, the said contention was elaborately dealt with and discarded by the Court below. As per the record, the revision petitioner failed to comply the order dated 31.10.2014 passed in I.A.No.407 of 2014 in R.C.No.123 of 2014 by the II Additional Rent Controller-cum-XIV Junior Civil Judge, Hyderabad. There is no justification in not depositing the rent as ordered. Under these circumstances, the Court below has rightly

exercised its jurisdiction vested therein and passed the impugned order. The revision petition is devoid of merit and is liable to be dismissed.

5.

In the result, the Civil Revision Petition is dismissed. No order as to costs.

The Miscellaneous Petitions, if any, pending shall stand closed. _______________________ Dr . SHAMEEM AKTHER, J Date: 26.09.2019 ssp