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2000 Supreme(AP) 240

P.VENKATRAMA REDDY
Mohd. Gcnsuddin – Appellant
Versus
Shahjahan – Respondent


P. VENKATARAMA REDDY, J.

( 1 ) IN view of the decision of this Court in m. Nagender Rao vs. B. M. Lakshmaiah, the revision purportedly filed under Section 22 of the A. P. Buildings (Lease, Rent and eviction) Control Act against the order refusing amendment in a pending rent control case is not maintainable as it does not fall within the ambit of the section. Hence, on this short ground, the C. R. P. is dismissed. However, it is open to the lower appellate Court to consider the question regarding the propriety of the order of the rent Controller in refusing amendment while disposing of the appeal if that issue becomes relevant for the disposal of the appeal. The refusal of the amendment by the Rent Controller does not mean that the petitioner is precluded from filing a separate application seeking eviction on account of the default during disputed period. Any observations made on merits of the case shall not be put against the petitioner while disposing of the main rent control case. No order as to costs.

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