A MONM Vs. GOPINATH

JUDGEMENT

(1.) The Review Petitioner herein was a landlord and the respondent herein was a tenant of the petition schedule premises. The petitioner herein filed R.C.C.No.223 of 1981 on 27-7-1981 in theCourt of the Principal Rent Controller, Hyderabad for eviction by terminating the tenancy of the respondent herein on various grounds. The Principal Rent Controller, Hyderabad, on evidence dismissed the claim of the landlord-petitioner herein. Aggrieved by the aforesaid oider, the landlord-review petitioner herein carried the matter in appeal by filing R.A. No.19 of 1987 in the Court of the Additional Chief Judge, City Small Causes Court, Hyderabad. The learned Judge on hearing both sides dismissed the appeal. Aggrieved by the aforesaid judgment the landlord- review petitioner herein filed C.R.P. No.679 of 1994 in this Court. This Court dismissed the aforesaid C.R.P. by an order dated 5-2-1997. Aggrieved by the aforesaid order, the landlord-review petitioner herein filed SLP (C) No.15734 of 1997 in the Hon'ble Supreme Court of India. On hearing the Hon'ble Supreme Court passed the following order:

(2.) After withdrawing the Special Leave Petition, the landlord-reviewpetitioner herein filed the review petition before this Court as per the directions of the Hon'ble Supreme Court. The delay in filing the review petition was condoned and the review petition was heard "on its merits and in accordance with law" as directed by the Hon'ble Supreme Court.

(3.) The learned Counsel Mr. C.P. Sarathy appearing on behalf of the reviewpetitioner herein submitted at the Bar that the subsequent events which occurred during the pendency of eviction proceedings can be taken into consideration. The learned Counsel further submitted at the Bar that as per the contention of the review petitioner herein that he wanted to shift from Elur to Hyderabad for starting a new business stands proved. The learned Counsel invited my attention to four documents filed in the proceedings viz., (1) bow fide certificate dated 23-12-1991 of the petitioner's son studying in Hyderabad; (2) bond fide certificate of the petitioner's daughter studying in Hyderabad; (3) petitioner's L.P.G. Transfer Advise Note dated 16-6-1990 and subscription voucher; and (4) petitioner's Bank Pass Book. All these documents were filed by the petitioner in R.A.No.19 of 1997 before the Additional Chief Judge, City Small Causes Court, Hyderabad and submitted at the Bar that along with these documents, LA. No.56/92 was filed. All those documents were not taken into consideration by the Addl. Chief Judge, City Small Causes Court, Hyderabad, which is an error in law.