Karanam Poli Naidu vs Konchada Bheema Rao
2021 Latest Caselaw 1009 AP

               THE HON'BLE SRI JUSTICE K.SURESH REDDY

                CIVIL REVISION PETITION No. 2865 OF 2019

ORDER:

Aggrieved by the decree and judgment dated 29-04-2019 passed in

R.C.A.No. 43 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. 70 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. 43 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. 4 of 2021

pending before it till 21-04-2021.

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. 4 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. 4

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

THE HON'BLE SRI JUSTICE K.SURESH REDDY

CIVIL REVISION PETITION No. 2865 OF 2019

DATE: 19TH FEBRUARY, 2021

JSK