K. RADHIKA Vs. NARENDER PRASHAD

JUDGEMENT

(1.) Aggrieved by the order dtd. 14/9/2018 (hereinafter will be referred as 'impugned order') in E.A.No.39 of 2018 in E.P.No.10 of 2017 in R.C.No.269 of 2011 passed by learned III Additional Rent Controller, City Small Causes Court, Hyderabad, the petitioners/JDRs filed the present Civil Revision Petition.

(2.) For the sake of convenience, hereinafter, the parties will be referred as per their array before the learned III Additional Rent Controller, City Small Causes Court, Hyderabad.

(3.) The brief facts of the case as can be seen from the record available before this Court are that the respondent/decree holder filed R.C.No.269 of 2011 on the file of learned III Additional Rent Controller, Hyderabad to evict his tenant by name Gorakhnath but the said tenant was disputing the relationship of landlord and tenant among them. The respondent/decree holder filed an application under Sec. 11 (1) of the A.P. Buildings (Lease, Rent and Eviction) Control Act with a prayer to direct the respondent to pay or deposit the arrears of rent from September, 2007 to May, 2011 @ Rs.450.00 per month and the said petition was dismissed. Aggrieved by the same, the respondent/decree holder filed CRP No.2031 of 2013, wherein the order passed by the learned Rent Controller was set aside and directed the tenant to deposit the arrears of rent. The Respondent/decree holder obtained eviction order on 29/8/2017 directing the tenant to vacate the petition schedule premises and subsequently E.P.No.10 of 2017 was also filed. In the meanwhile, the tenant died on 15/12/2017 and his legal representatives were brought on record. The legal representatives of said Goraknath (tenant) i.e., the revision petitioners herein have filed Special Leave Petition (Civil) Diary NJos.35813 of 2018 challenging the order dtd. 3/2/2017 in CRP No.2031 of 2013 and the Honourable Apex Court was pleased to direct the parties to maintain status quo. However, the said Special Leave Petition was ultimately dismissed.