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1987 Supreme(AP) 666

K.A.SWAMI, VENKATARAMA REDDY
M. A. Qader – Appellant
Versus
Mohd. Azmat Ali – Respondent


( 1 ) THIS revision is directed against the order passed in i. A. 827 of 1983 in R. C. No. 103 of 1983 on the file of II Additional Rent controller Hyderabad dt. 5-3-1984. The petitioner filed R. C. 103 of 1983 against the respondent seeking eviction under Sec. 10 of A. P. Buildings (Lease, Rent and Eviction) Control act. When the case was called for hearing on 30-8-83 the respondent-tenant was absent. The Rent Controller passed an ex-parte order of eviction. Subsequently the petitioner filed e. P. 36 of 1983 for executing the decree and he took possesession of the house on 21-10-83. The Respondent-tenant filed I. A. 20 of 1983 against which this revision petition arises, to set aside the ex-parte order of eviction Dt. 30-8-1983.

( 2 ) THE main ground urged in the petition was that he was not duly served with the summons and therefore the ex-parte order is void. The petitioner took a preliminarily objection contending that the application was barred by time as it was not filed within 30 days from the date of the ex-parte decree as contemplated under Rule 8 (3) of the A. P. Building (Lease Rent, and Eviction) Control Rules, 1961. He also contended that summons were duly served. The













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