MOHAMMAD AHSAN Vs. MOHAMMAD GOUS

JUDGEMENT

(1.) This CRA is filed under Sec. 115 of the Civil Procedure code, challenging the judgments and order passed by both the Courts below.

(2.) The applicant herein is the tenant of the suit premises being a hotel premises. The respondent is the landlord who had filed a suit in the year 1995 against the petitioner under Sec. 15 of the Hyderabad Rent Control Act, for eviction on the grounds of bona fide requirement, nuisance, creation of sub-tenancy and addition alteration to the suit premises and the tenant has challenged the ownership of the landlord.

(3.) As the suit was pending for hearing the respondent - landlord moved an application before the local Municipal Corporation in order to inspect the suit premises. The Municipal Corporation Officer by his report dtd. 1/6/2016, has given a report that a shutter is fixed into the disputed property and there is structural alteration. Soon thereafter, the respondent landlord moved an application in the eviction suit in the month of June, 2016 and prayed therein that the tenant be restrained from making any structural changes, constructions, alterations, modifications or removing any portion of the suit property or from using the so called steel shutter illegally fixed by him into the suit property till the disposal of the suit. The tenant filed a reply to this application denying the contentions made by the landlord. By a reasoned order dtd. 30/11/2016, the Rent Controller allowed the application of the landlord and restrained the tenant from causing any structural changes in the suit property in any manner till the disposal of the eviction proceedings without following due process of law.