M BHIKSHAPAM Vs. K MANIK RAO

JUDGEMENT

(1.) This civil revision petition at the instance of the landlord is against the order directing the petitioner for handing over the premises No. 15-6-530 situated at Begum bazar, Hyderabad.

(2.) The landlord filed a petition for eviction on the ground that the premises is bona fide required for carrying out major repairs and it requires demolition and it cannot be carried out without the tenant vacating the premises. The Rent Controller passed an order directing the tenant to vacate and hand- over possession within 2 months. Finally in the civil revision petition this court passed an order on 3-1-1969 directing the tenant to vacate and hand over possession within 2 months from the date of the order. Inspite of this order the tenant did not handover the premises. Therefore, the landlord was obliged 10 file E P 61/69 and an order was passed on 29-6-1969 for eviction and finally the tenant was evicted on 26-7-1969. The landlord filed an undertaking that he would reconstruct the Mulgi within six months from the date of vacant possession delivered to him and after its reconstruction the premises would be handed over to the tenant as ordered by the court. This undertaking was filed on 18-4-69 and accepted by the Court on 26-6-1969. The legal representatives of the tenant now filed a petition on 22-8-79 purporting to be under Sec. 15 read with Rule 23 of the Rent Control Rules. This petition is resisted by the landlord among several grounds and one of them is that the petition is barred by limitation. The court below held as follows :

(3.) The learned counsel for the petitioner contended that the execution petition should be filed within six weeks from the date of the order and this petition filed after 10 years from the date of the order is barred by limitation. The learned counsel for the respondent seeking to sustain the order of the court below contended that limitation has to be reckoned from the date of completion of construction.