BHIKAM CHAND Vs. C.VITTAL RAO

JUDGEMENT

(1.) The petitioner is the tenant of the respondent in respect of commercial premises at Osmangunj, Hyderabad. The respondent instituted proceedings under Section 4 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 for fixation of fair rent of the premises. The Rent Controller fixed the fair rent for the premises at Rs.7,000/- per month. The petitioner, on the one hand, and the respondent, on the other hand, filed appeals before the appellate authority, not satisfied with the determination made by the Rent Controller.

(2.) When the appeals were pending, the respondent filed O.S.No.2244 of 2009 in the Court of III Junior Civil Judge, City Civil Court, Hyderabad, for eviction of the petitioner. The value of the suit was shown on the basis that the rent for the premises is Rs.7,000/- per month. The petitioner filed written statement and issues were framed.

(3.) At a later point of time, the petitioner filed I.A.No.802 of 2010 with a prayer to frame additional issues. It was pleaded that during the pendency of the suit, the appellate authority enhanced the fair rent to Rs.11,000/- per month and annual rental value of the building would exceed Rs.1,00,000/- and thereby, the trial Court ceases to have the pecuniary jurisdiction. The application was opposed by the respondent. The trial Court dismissed the I.A. through order, dated 16.09.2010. Hence, this revision.