HONOURABLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION No.2371 of 2011 ORDER: This Civil Revision Petition is filed against the order, dated 17.06.2011, passed by IV Additional Rent Controller, Hyderabad, in I.A.No.188 of 2011 in R.C.No.86 of 2006, allowing the application filed by the landlord under Order VI Rule 17 C.P.C. read with Rule 28 of Civil Rules of Practice, praying the Court to permit him to amend the main petition in the said R.C. to incorporate the grounds of (1) willful default and (2) denial of landlord’s title of the petition schedule property as per his affidavit and also to make all consequential amendments. The facts of the case necessary for disposal of the Civil Revision Petition may be stated as hereunder: - The eviction proceedings were initiated against the tenant, who is the petitioner herein, by the landlord-the respondent herein on the ground of bona fide requirement. Further, it is the case of the landlord that the earlier counsel engaged by him filed the said R.C. only on the ground of bona fide requirement, though he informed him about the willful default committed by the tenant in payment of rents. As such, after the change of counsel, he filed the present application seeking to incorporate the aforesaid portion in the main petition in the said R.C. The Rent Controller having considered the facts and circumstances of the case, allowed the said application, aggrieved by which, the tenant filed the present Civil Revision Petition. From a perusal of the affidavit, filed in support of the main R.C., it is clear that the landlord has specifically pleaded therein that the tenant, who is the petitioner herein, is not paying the rents from the day of occupation of the premises and became a chronic defaulter. As regards the same, the landlord issued a legal notice on 15.11.2003, which was alleged to have been received by the respondent, in spite of the same, the tenant neither choose to pay the rents nor vacate the premises. Thus, it is evident that the amendment sought for by the landlord by incorporating “the willful default” in the main petition in the above R.C. is not raised for the first time. It was already pleaded in the affidavit, filed in support of the main R.C. That apart, it is averred by the landlord that the mistake as to the non-averment of the “willful default” in the main R.C. occurred only due to the mistake of the counsel. Therefore, this Court is of the opinion that the interest of the parties should not be put at peril or they should not suffer hardship due to the mistake committed by their advocate. More over, in view of the fact that the ground of willful default was already pleaded to by the landlord in the affidavit, filed in support of the main R.C., this Court is of the opinion that the landlord shall be permitted to amend the main petition by incorporating certain portion as aforementioned in the main petition in the said R.C.. For the foregoing reasons, the trial Court did not commit any illegality or infirmity in passing the impugned order, which warrants interference by this Court. Accordingly, the Civil Revision Petition is dismissed, at the stage of admission. There shall be no order as to costs. _____________________________ JUSTICE GHULAM MOHAMMED​ 15th July 2011 DR