SHAIK MASTHAN SAHEB Vs. TUNUGUNTLA VENKATA RATNAMMA

JUDGEMENT

(1.) Sri Masthan Saheb, herein after referred to as review petitioner filed the present review petition praying this Court to review the order made by this Court, dated 20.03.2005 in C.R.P.No.594 of 1998 which was filed under Section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as 'Act') for the purpose of convenience.

(2.) Sri Sreenivasa Rao, learned counsel representing the contesting respondents in Review C.M.P.No.8051 of 2005 raised an objection relating to the maintainability of review of an order made under the Act in the light of the decision of the Division Bench of this Court in Ghantasala Eswara Rao Vs. Gundimi Somasekhar And Another (1998(3) ALD 92 (DB)).

(3.) Sri Sreenath Reddy, learned counsel representing the review petitioner would maintain that the view expressed by the Division Bench referred to supra need not be followed in the light of the legal position that this Court being a court of record, such power can be exercised under Article 215 of the Constitution of India, de hors the ordinary statutory powers i.e., whether such power is conferred specifically by a particular provision in the statute or not. The learned counsel placed strong reliance on Sivdeo Singh And Others Vs. State Of Punjab And Others (AIR 1963 SC 1909), Aribam Tuleshwar Sharma Vs. Aribam Pishak Sharma (AIR 1979 SC 1047) & M.M. Thomas Vs. State Of Kerala & Another (AIR 2000 SC 540).