JALAL AND SONS Vs. SITA BAI

JUDGEMENT

(1.) This C.R.P. is directed, at the instance of the petitioner tenants, against the judgment dated 23-12-1991 passed by the Chief Judge. City Small Causes Court, Hyderabad in R.A.No. 190 of 1991 on his file, allowing the said appeal by setting aside the order of the III Addl. Rent Controller, Hyderabad dated 13-6-1991 dismissingl.A.No.163/91 a petition filed by the petitioners Landlords under Order VI, Rule 17 C.P.C. for amendment of the eviction petition incorporating new ground. Under the impugned order of the Chief Judge, City Small Causes Court, the landlords are allowed to amend the eviction petition incorporating the new ground subject to payment of costs of Rs. 300/- to the respondents-tenants.

(2.) The facts giving rise to the filing of the present CRP are briefly as follows:- The landlords filed an application for eviction of the tenants, who are the petitioners herein, from the non-residential premises in the year 1985. The grounds alleged for their eviction are wilful default in payment of rent and causing damage to the property. Subsequently the prayer was amended at the instance of the landlords incorporating an additional ground of personal requirement. Thereafter, again the landlords have filed the present application I.A.No.154 of 1991 to amend the eviction petition by incorporating one more additional ground viz., the building had become old as it as constructed about 50 years back and it cannot withstand any further construction by way of upper floors. It is stated by the landlords that they require the premises for immediate demolition and reconstruction of a new building with a ground floor plus two additional floors for the commercial requirement. They intend to amend the eviction petition incorporating a ground under Section 12 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, hereinafter referred to as 'the Act' with an undertaking that on completing the construction of the new building it will be offered to the respondents for their re-occupation as may be specified by the court.

(3.) As already stated, the Rent Controller dismissed the above said amendment petition. But, on appeal, the Chief Judge, City Small Causes Court allowed the appeal and permitted the landlords to amend the petition as desired by them subject to payment of some costs. Against the said order of tine Chief Judge, the present revision petition is filed.