THE HON'BLE SRI JUSTICE K.SURESH REDDY
CIVIL REVISION PETITION No. 2846 OF 2019
ORDER:
Aggrieved by the decree and judgment dated 29-04-2019 passed in R.C.A.No. 37 of 2013 on the file of the Court of learned Principal Senior Civil Judge -cum - Appellate Court of Rent Control Cases at Visakhapatnam (for short, 'the appellate Court'), the petitioner-tenant filed the present civil revision petition.
2. The respondent-landlord filed R.C.C.No. 27 of 2009 on the file of the Court of learned Rent Controller, Visakhapatnam (for short, 'the trial Court'), against the petitioner-tenant under Section 10 (3) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short, 'the Act'), for eviction from the petition schedule property. He sought eviction both on willful default and also on personal requirement. Both the parties contested the case. After elaborate discussion, the trial Court ordered eviction on the ground of willful default but negatived the ground of personal requirement. Aggrieved by the order of eviction, the petitioner-tenant filed R.C.A.No. 37 of 2013 on the file of the appellate Court. The appellate Court, after considering the entire material on record, dismissed the R.C.A. by the impugned judgment. Aggrieved by the same, the petitioner-tenant filed the present revision petition before this Court.
3. During the course of hearing, learned counsel for the petitioner-tenant seeks two months' time for vacating the premises and handing over possession to the respondent-landlord as the same is a commercial one and he requires alternative accommodation. Accordingly, the petitioner filed his affidavit undertaking that he will vacate the premises by 21-04-2021 and handover vacant possession of the same to the respondent. Learned counsel also seeks to direct the trial Court not to proceed with E.P.No. 5 of 2021 pending before it till 21-04-2021.
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4. Accepting the undertaking, this Court is passing the following order:
The orders passed by the trial Court and the appellate Court do not suffer from any illegality or irregularity warranting interference of this Court while exercising power under Section 22 of the Act. The civil revision petition is accordingly dismissed as devoid of any merit. The petitioner-tenant is directed to vacate the premises by 21-04-2021 as per his undertaking. Till such time, the trial Court is directed not to proceed with E.P.No. 5 of 2021 pending before it. The petitioner is further directed to pay rent regularly without any default to the respondent. If the petitioner fails to vacate the premises by 21-04-2021, the respondent is at liberty to proceed with E.P.No. 5 of 2021.
5. Pending miscellaneous applications, if any, shall stand dismissed in consequence.
___________________ Date: 19-02-2021. K.SURESH REDDY, J.
Note:
Issue C.C. by 23-02-2021.
B/O JSK 3 THE HON'BLE SRI JUSTICE K.SURESH REDDY CIVIL REVISION PETITION No. 2846 OF 2019 DATE: 19TH FEBRUARY, 2021 JSK