LAWS(APH)-1976-12-14

ABDUL GAFFOOR Vs. PASHA BEE

Decided On December 24, 1976
ABDUL GAFFOOR Appellant
V/S
PASHA BEE Respondents

JUDGEMENT

(1.) This is a petition filed under Section 24 of the Code of Civil Procedure requesting this court to transfer an eviction petition filed under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, referred to hereinafter merely as the Act, R.C.C No. 373 of 1974 on the file of the Principal Rent Controller, Hyderabad to the Court of the Vth Assistant Judge, City Civil Court Hyderabad to be tried along with a suit O.S. No. 619 of 1973.

(2.) The respondent instituted a suit O.S. No. 619 of 1973 pending before the Vth Assistant Sessions Judge, City Civil Court, Hyderabad for a declaration and injunction against Mr. Mazzafar Hussain and seven others in respect of the suit property bearing No. 22-3-529, Mandi Miryalam, Hyderabad to which the petitioner is not a party.

(3.) The petitioner stated that he constructed a tin-shed of 15" x 20' on the open land belonging to late Nawab Faqurul Mulk and he has been in occupation and enjoyment of the same since the last twenty years and more