THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY C.R.P.No.431 OF 2018

ORDER

This revision petition is filed under Section 22 of the A.P.

Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short ‘Rent Control Act’) challenging the order dated 6th December, 2017 in I.A.No.28 of 2017 in R.A.No.17 of 2017 passed by the Additional Chief Judge (FAC), City Small Causes Court, Hyderabad, allowing the application filed under Section 20(2) of the Rent Control Act for suspending operation of eviction order dated 06.01.2017 passed in R.C.No.11 of 2015 by the Principal Rent Controller, Secunderabad directing the petitioner to deposit 50% of the enhanced rent from the date of filing the petition and continue to pay the same till disposal of appeal.

2. Aggrieved by the impugned order, the present revision petition is filed on the ground that in the absence of any specific provision under Section 20(2) of the Rent Control Act requiring the petitioner/tenant to deposit rent at enhanced rate, the Court below is not justified in passing the impugned order to deposit the enhanced rate of rent, while exercising jurisdiction under Order 41 Rule 5 C.P.C. by the appellate Court is illegal and when ther