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2017 Supreme(AP) 448

M.GANGA RAO
Yerra Seshagiri Rao – Appellant
Versus
Dunna Renukadevi – Respondent


Advocates Appeared:
For the Petitioner: Sri E.V.V.S. Ravi Kumar
For the Respondent: Sri M. Rammohan Reddy

ORDER :

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed against the order dated 09.11.2012 passed in I.A.No.2108 of 2011 in R.C.C. No. 16 of 2010 by the Principal Junior Civil Judge, Kakinada, (for short Rent Controller).

2. The facts leading to filing of the present revision are as follows:

The respondent herein filed R.C.C. No. 16 of 2010 before the Rent Controller under Section 10 (2) (I and IV) of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act (for short the Act), seeking eviction of the petitioner from the schedule premises. In said case, petitioner herein filed I.A.No.2108 of 2011 under Section 10 (1) of the Code of Civil Procedure (for short CPC) seeking stay of further proceedings in R.C.C. No. 16 of 2010 till disposal of O.S.No.128 of 2010 pending on the file of the III Additional District Judges Court, Kakinada, stating that the respondent is not the owner of the property; petitioner and her brother filed O.S.No.128 of 2010 for partition; there is a dispute regarding the title over the property; unless the title is decided, the Rent Controller cannot decide the question of title and cannot proceed with the Rent Control















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