HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY CIVIL REVISION PETITION No. 4329 OF 2009. DATED 11TH DECEMBER, 2009. BETWEEN Smt. Zakia Begum …Petitioner And Hasan Bin Saleh Rabaki …Respondent. HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY CIVIL REVISION PETITION No. 4329 OF 2009. ORDER: This Civil Revision Petition is directed against the order dated 10.8.2009 passed in I.A.No. 112 of 2009 in R.C.No. 25 of 2007 on the file of the II Additional Rent Controller, Hyderabad, wherein and whereby, the learned II Additional Rent Controller dismissed the application filed by the petitioner under Order VI Rule 17 of C.P.C. The background facts in a nutshell that led to filing of this revision by the tenant of the RCC schedule premises are: one Abdulla Hadi Ali Afif was the owner of the RCC schedule premises. One Pasha Miya took the premises on lease on monthly rent of Rs. 1500/-. The terms and conditions of the lease are reduced into writing on 4.3.1996. Subsequently, Abdullah Hadi Ali Afif sold the property to the respondent herein under a registered sale deed. The said Pasha Miya died and the premises continued in occupation of the respondent-Hasan Bin Saleh Rabaki. The respondent/landlord being the purchaser of the RCC schedule premises caused notice to the petitioner for eviction on the ground of wilful default and bonafide requirement. The petitioner/tenant resisted the application. When the rent control case stood posted for respondent’s further evidence, the petitioner-tenant filed I.A.No. 112 of 2008 under Order VI Rule 17 of CPC for amendment of the description with the words ‘wife of Yousuf Baig’, in the place of ‘Wife of Pashamiya’. This Civil Revision Petition came to be admitted on 17.9.2009 while granting interim stay of all further proceedings in R.C.No. 25 of 2007. The respondent-landlord entered his appearance and filed a petition in CRPMP.No. 7225 of 2009 with a prayer to vacate the interim order dated 17.9.2009 passed in CRP.MP.No. 5926 of 2009 in CRP.No. 4329 of 2009. When the vacate stay petition came up for hearing, with the consent of the learned Counsel appearing on both sides, the Civil Revision Petition is taken up for final disposal. Heard the learned Counsel for the petitioner and the learned Counsel for the respondent. The learned Counsel for the petitioner submits that there is mis-description of the petitioner in the rent control case and the same has been carried out and subsequently on coming to know of the mis-description, she moved an application seeking amendment. According to the petitioner she is the wife of Yousuf Baig and not Pashamiya. The learned Counsel for the respondent submits that the respondent has no objection for amendment of the description of the petitioner as sought for without prejudice to his rights and contentions in the rent control case. It appears, the same has been stated by the respondent in the counter affidavit filed resisting the application, i.e. I.A.No. 112 of 2009 in RC.No. 25 of 2007. Relevant portion of the counter reads as follows “It is submitted that the petitioner has not placed any such material evidence in support of her contention that she is the wife of Yousuf Baig. In absence of any such material evidence particularly the marriage certificate (Nikha Nama) and voter Identity Card, it is difficult to accept the plea of the petitioner. However, without prejudice to the plea and contention of the respondent the claim of the petitioner may be considered if the Honourable Court deems necessary” The trial Court missed to take note of the relevant portion in the counter filed by the respondent-landlord and there by committed error in dismissing the application. Accordingly, the Civil Revision Petition is allowed, setting aside the order dated 10.8.2009 passed in I.A.No. 112 of 2009 in R.C.No. 25 of 2007 on the file of the II Additional Rent Controller, Hyderabad. Consequently, I.A.No. 112 shall stand allowed. No order as to costs. ------------------------------------------------ JUSTICE B. SESHASAYANA REDDY Dated 11th November, 2009. Note: CC in two days. (BO) Msnr.