GANGISETTI SAVITRAMNA Vs. TELUKUNTA SAROJINI

JUDGEMENT

(1.) This is an application to review the order passed by me on 20-7-1987 in C.R.P.No.1090 of 1986. The respondents in the C.R.P. are the petitioners herein. They are the landlords. The respondents herein, legal representatives of tenant, filed C.R.P. challenging the correctness of the order passed by the learned Chief Judge, City Small Causes Court, Hyderabad dated 21-3-1986 in R.A.No.336 of 1981 confirming the order of eviction passed against them by the learned Rent Controller on July 28, 1981 in R.C.No.113 of 1976.

(2.) Sri V.T.M.Prasad,the learned counsel for the petitioners submits that the C.R.P. was allowed on the ground that the rent for the months of January to March, 1976 was paid before the date of filing of the eviction petition, whereas in fact the rent for the said months was paid on March 20, 1976 under Ex.R-17 after theeviction petition on 1976. Thus there is an error apparent on the fact of the record in the order under review which was passed under misapprehension, therefore, the same is liable to be reviewed.

(3.) Sri. P.V.R. Sharma, the learned counsel appearing for the respondents raised a preliminary objection regarding the maintainability of the review C.M.P. It is submitted by the learned counsel that the Code of Civil Procedure is not applicable in its entirety to the proceedings under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act (for short 'the Act') and there is no specific provision conferring the power of review in the Act and the Rules made thereunder, therefore, the review petition is not maintainable.