HONOURABLE SRI JUSTICE B.PRAKASH RAO Civil Revision Petition No.4676 of 2009 ORAL ORDER: The petitioner, who is the landlady filed this revision under Article 227 of the Constitution of India assailing the order dated 3.7.2009 in R.A.Sr. No.6564 of 2008 on the file of the Chief Judge, City Small Causes Court, Hyderabad. It is submitted that the petitioner had already obtained orders of eviction against the tenant before the Rent Controller and the same was confirmed in appeal and also in further revision by this Court on the ground that the respondent has committed default in payment of rental amount. However, subsequently, when a claim petition has been filed by a third party in E.A. No. 87 of 2004, during the course of enquiry, the court below while placing the entire burden on the petitioner, directed her to lead evidence at the first instance. Having regard to the fact that the 1st respondent-claim petitioner is asserting his own right, title and interest in the property in question, necessarily and primarily, the burden lies on the 1st respondent-claim petitioner and he has to lead evidence to prove the same rather than trying to shift or place the burden on the petitioner. Hence, the revision petition is allowed and the orders in E.A. No. 87 of 2004 in E.P. No. 22 of 2004 in R.C No.323, dated 6.11.2007 on the file of the II Additional Rent Controller-cum-XIV Civil Judge, City Civil Court, Hyderabad as well as the order dated 3.7.2009 in appeal R.A.Sr. No. 6564 of 2004 of the Chief Judge, City small Causes Court, Hyderabad are set aside. No costs. ________________ B. PRAKASH RAO,J Date: 10th March, 2011 pnb