THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No. 1336 OF 2014 Dated:05-06-2014 Between:
Mohammed Ali ... PETITIONER AND Shaik Ibrahim and another .. RESPONDENTS THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No. 1336 OF 2014 ORDER:
The petitioner who is the tenant is aggrieved by the order dated 28- 03-2014 passed by the learned IV Additional Rent Controller-cum-XVI Junior Civil Judge, Hyderabad vide which I.A No. 32 of 2012 in R.C No. 63 of 2012 filed under Section 5(1) of the Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act, 1960 (for short ‘the Act’) seeking permission of the Court to deposit the monthly rents in respect of the premises bearing mulgi No.18-2-446/1 situated at Ghulam Murtaza Chowni, Falaknuma, Hyderabad was dismissed.
Learned counsel for the petitioner submits that the rent of the aforesaid premises is Rs.750/- per month, however, the respondent – landlord is not accepting the same. Hence, the petitioner filed the aforesaid application seeking permission of the Court to deposit the rent in the Court, but the same has been dismissed on the ground that enquiry under Section 8 (5) of the Act is pending in the main case.
Learned counsel for the respondent – landlord however disputed the amount of rent which is sought to be deposited by the petitioner. He submits that there are two mulgies in possession of the petitioner the rent of which is Rs.1,400/- per month. According to him, since enquiry is pending, the petitioner should await the outcome of the enquiry and only thereafter he be permitted to deposit the rent.
I have heard the learned counsel for the parties at length. A perusal of the case file reveals that the petitioner is ready and willing to pay the rent and as the landlord is refusing to accept the rent at the rate of Rs.750/- per month, he filed an application for depositing the same into the Court. However, the application has been rejected on the ground that an enquiry under Section 8(5) of the Act is pending in the main case.
I am of the considered opinion that the petitioner should deposit rent at the rate of Rs.1,100/- per month from October 2011 onwards. However, the amount deposited by the petitioner shall be subject to the final out come of the enquiry being conducted by the learned Rent Controller. Whatever would be the rent determined in the enquiry, the same shall be adjusted accordingly.
In view of the above, this revision petition is allowed and the petitioner is directed to deposit rent at the rate of Rs.1,100/- per month from October 2011 till date on or before 07-08-2014 and the respondent – landlord is permitted to withdraw the same. In case, the petitioner deposits more than what has been determined in the enquiry, then the same shall be adjusted towards the rents of future months. It is made clear that the deposit shall be subject to the final outcome of the enquiry to be conducted by the learned Rent Controller and nothing stated herein shall be construed as an observation on the merits of the case.
Miscellaneous applications, if any, pending consideration shall stand closed. No order as to costs.
ASHUTOSH MOHUNTA, J 5th June, 2014 ks