THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY
CIVIL REVISION PETITION No. 4894 OF 2014
Dated:26-12-2014
Between
M/s. Happy Homes, rep., by its Proprietor Sri sunkara Bali Reddy, S/o. S. Gopal Reddy, aged 45 years, R/o. 4-124/1, Flat No.501, Sri Lakshminadh Enclave, Pragathi Nagar, Moosapet, Hyderabad ... PETITIONER AND A. Vijaya Chandra and another .. RESPONDENT THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 4894 OF 2014 ORDER:
The petitioner took on lease, the premises owned by the respondents under a lease deed. There is some controversy as to the exact monthly rent. According to the petitioner, it is Rs.2,25,000/- per month. The respondents filed O.S No.204 of 2014 in the Court of III Additional Chief Judge, City Civil Court, Hyderabad against the petitioner for eviction from the suit schedule property. They have also filed I.A No.386 of 2014 under Order XVA CPC, with a prayer to direct the petitioner to deposit the arrears of rent, which according to them was Rs.10,25,000/- by that time and to continue to deposit the rent at the rate of Rs.4,00,000/- per month. The application was opposed by the petitioner. The trial Court allowed the I.A through order dated 14-11-2014 directing that the petitioner shall deposit the arrears of rent of Rs.6,25,000/- within four months and continue to deposit the rent at the rate of Rs.2,25,000/- per month. The said order is challenged in this revision.
Heard Sri I. Gopal Reddy, learned counsel for the petitioner and Sri Shyam S. Agarwal, learned counsel for the respondents.
The petitioner does not dispute that he is the lessee of the premises. The suit was filed for eviction from the premises. In the application filed under Order XVA CPC, the respondents pleaded that the rent is Rs.3,00,000/- per month inclusive of maintenance charges. The trial Court verified the relevant records and arrived at the conclusion that the rent is Rs.2,25,000/- per month. The controversy as to the exact figure of arrears of rent was also addressed and it was observed that the arrears are Rs.6,25,000/- up to the date of filing of the suit. Further, it is not in dispute that the petitioner did not deposit the rents ever since the suit was filed. The justification pleaded therefor is that the father and brother of the 1st respondent filed a suit for partition and in the event of any partition being affected, the petitioner would be under obligation to pay the rent for the other sharers also. That plea can be taken note of only to be rejected. When the petitioner has entered into lease with the respondents, it is just ununderstandable as to how he can take note of any other factor.
The C.R.P is therefore dismissed. It is directed that in case the petitioner clears the arrears of rent up to date within four weeks from today, it shall be entitled to offer defence and in default, the defence shall stand struck off. The trail Court shall proceed to decide the suit without any further delay.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J 26-12-2014 ks