JAI SINGH Vs. KRISHNA BAI JAISWAL

JUDGEMENT

(1.) Heard Sri M. Basith AH Yavar, learned Counsel representing the revision petitioner and Sri T. V. Rajivan, the learned Counsel representing the 1st respondent.

(2.) The revision petitioner, Jai Singh, brother of 2nd respondent herein/judgment- debtor who is shown to be not a necessary party both before the learned III Additional Rent Controller, Hyderabad and also before this Court filed the present Civil Revision Petition under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, hereinafter in short referred to as "Act" for the purpose of convenience, being aggrieved of the dismissal of E.A. No. 15/2004 in E.P.No.9/2004 in R.C.No.5 86/97 moved by him before the in Additional Rent Controller, Hyderabad under Rule 23(7) of A.P. .Rent Control Rules, 1961, hereinafter in short referred to as "Rules" wherein the adjudication of the claim of the petitioner was prayed for with a further prayer to dismiss the E.P. filed by the 1st respondent/Decree holder. Before the learned III Additional Rent Controller, Hyderabad, the Revision petitioner had examined himself as PW-1 and Exs.P-1 to P-8 were marked. On behalf of the 1st respondent/landlady/Decree-holder none had been examined but Exs.R-1 to R-3 were marked.

(3.) The learned Rent Controller framed the following Points for consideration : 1. Whether the petitioner can resist or obstruct execution with just and sufficient cause and if so? 2. Whether an order of execution can be disallowed ? and on appreciation of the evidence available on record, ultimately dismissed the E.A. filed by the petitioner. Hence, the present civil revision petition under Section 22 of the Act.