HAZARI SANJAY SINGH Vs. S. KONDAIAH

JUDGEMENT

(1.) RESPONDENTS 1 and 2 are spouses. The petitioner is their tenant. Respondents 1 and 2 filed O.S No. 562 of 2003 in the Court of V Junior Civil Judge, City Civil Court, Hyderabad for eviction of the petitioner. In his written statement, the petitioner admitted that he is a tenant of respondents 1 and 2. However, he raised the plea that the rent is only Rs.600/ - excluding electricity charges and in that view of the matter, the suit is not maintainable. The suit was dismissed on 31 -08 -2006 accepting that plea. Thereafter, respondents 1 and 2 filed R.C No. 83 2007 against the petitioner for eviction pleading the grounds of wilful default in payment of rents, personal requirement and damage to the premises. During the pendency of the R.C, the 2nd respondent died and the children of respondents 1 and 2 were brought on record. The RC was allowed and the order of eviction was passed against the petitioner. Thereupon, he filed R.A No. 230 of 2010 in the Court of the Chief Judge, City Small Causes Court, Hyderabad.

(2.) IN the rent appeal, the petitioner filed I.A No. 34 of 2013 under Order VI Rule 17 CPC, with a prayer to permit him to amend the counter filed in R.C No. 83 of 2007. He wanted to plead that respondent Nos. 1 and 2 executed a registered settlement deed in favour of their sons and the latter in turn executed an agreement of sale in favour of a third party. It is also alleged that O.S No. 795 of 2011 was filed in the Court of II Additional Chief Judge, City Civil Court, Hyderabad by the persons in whose favour agreement of sale was executed. The petitioner wanted to incorporate these and other relevant facts in the counter. The application was opposed by the respondents. The lower appellate Court dismissed the I.A through order dated 11 -04 -2014. Hence, the revision.

(3.) THE petitioner did not dispute the fact that he is a tenant of the respondents. R.C No. 83 of 2007 filed by respondents 1 and 2 against the petitioner was allowed and the order of eviction was passed. At the stage of appeal, the petitioner wants to amend the counter filed in the R.C.