Telangana High Court
CRP/3270/2009 of MD Ashraf, Vs Y.Neelakanta Reddy, on 29 December 2009
COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE B. SESHASAYANA REDDY CIVIL REVISION PETITION No.3270 OF 2009 BETWEEN: Md. Ashraf S/o. Suleman ….
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND NINE
PRESENT:
THE HON’BLE SRI JUSTICE B. SESHASAYANA REDDY
CIVIL REVISION PETITION No.3270 OF 2009
BETWEEN:
Md. Ashraf S/o. Suleman
AND
…. Petitioner/Defendant
Y. Neelakanta Reddy S/o. Late Y. Ganna Reddy and Others
…. Respondents/Plaintiffs
THE HON’BLE SRI JUSTICE B. SESHASAYANA REDDYCIVIL REVISION PETITION No.3270 OF 2009
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ORDER:
This Civil Revision Petition is directed against the order dated 08-06-2009 in I.A. No.556 of 2008 in O.S.No.4487 of 2008 passed bythe learned X Junior Civil Judge, City Civil Court, Hyderabad, wherebyand whereunder the learned Junior Civil Judge directed the petitionerherein to deposit an amount of Rs.2,500/- per month towards rent fromthe month of January 2008.
2. The background facts in a nutshell leading to filing of thisrevision by the petitioner – defendant in O.S.No.4487 of 2008 are:- the respondents herein are the plaintiffs in O.S.No.4487 of 2008. Theyfiled the suit for eviction of the petitioner – defendant and for recovery of possession of the suit schedule property. They also sought forrecovery of arrears of Rs.44,000/- apart from rent @ Rs.7,500/- permonth from the date of the suit till the delivery of possession of the suitschedule property. It is the case of the plaintiffs that their father leasedout open land admeasuring 1200 square feet to the plaintiffs forrunning a motor garage bearing Municipal No.H.No.1-7-1039,Azamabad Industrial area, Hyderabad on a monthly rent of Rs.1,000/-initially. The rent came to be enhanced from time to time along withthe extension of lease period. The latest extension of lease periodwas upto the end of December 2007 on an enhanced rent ofRs.4,000/- per month. As the lease period expired, the plaintiffsdemanded the defendant to enhance the rent from Rs.4,000/- toRs.5,000/- as the rental values in the twin cities and in the RangaReddy District are increased. Thereupon, the defendant stoppedpaying the rents from the month of January 2008 onwards. Instead, thedefendant filed O.S.No.2910 of 2008 on the file of X Junior Civil Judge,City Civil Court, Hyderabad against plaintiff No.2 – Y. HanumanthReddy for perpetual injunction. The plaintiffs issued a legal noticedated 29-10-2008 demanding the defendant to vacate the premisesand also to pay the arrears of rent. The defendant failed to comply thedemand of the plaintiffs. Hence, they filed the suit. The plaintiffs filedI.A. No.556 of 2008 seeking a direction to the defendant to pay monthlyrent @ Rs.4,000/- from the date of filing till the disposal of the suit.
3. The defendant filed counter resisting the application. Thedefendant pleaded in the counter that the rent for the premises is @ Rs.1,000/- per month and necessary documentary evidence hasbeen filed in O.S.No.2910 of 2008. He also pleaded that he has beendepositing the rents to the credit of R.C. No.333 of 2008.
4. Neither party adduced evidence in support of their respectivepleadings. The learned Junior Civil Judge, on considering theevidence on record and on hearing the counsel appearing for the parties, directing the defendants to pay the rent @ Rs.2,500/- permonth from the month of January 2008 by an order dated 08-06-2008. The said order is assailed in this revision.
5. The revision came to be admitted on 22-10-2009. An interimstay came to be issued on condition of the petitioner depositing arrearsof rent @ Rs.1,000/- per month, as per the orders in CRPMP No.4523of 2009. The order passed in the said CRPMP No.4523 of 2009 readsas under:
“Interim stay on condition of the petitionerdepositing arrears of rent @Rs.1,000/- per monthfrom August 2008 within a period of three weeksfrom today and on further condition of the petitionercontinue to deposit the said sum of Rs.1,000/-0 onor before 10[th] of every succeeding month. On such deposit, the respondents are permitted towithdraw the same without furnishing any security. In default of the compliance of this order, the stayshall automatically stands vacated. Notice.”
6. The respondents entered appearance through a counsel.
7. Heard the learned counsel appearing for the parties.
8. Learned counsel appearing for the petitioner submits thatthe respondents – plaintiffs failed to place on record any proof to showthat monthly rent was Rs.4,000/- as on December 2007 and in whichcase direction given to the petitioner – defendant to pay Rs.2,500/- permonth towards rent cannot be sustained. A further submission hasbeen made that the rent for the premises is only Rs.1,000/- per monthand he has been regularly paying the rent and therefore, no furtherdirection is required to be given to the petitioner – defendant withregard to payment of rent pending disposal of the suit.
9. The learned counsel appearing for the respondents –plaintiffs submits that the trial Court has taken into consideration various aspects and proceeded to direct the defendant to deposit therent @ Rs.2,500/- per month and the direction given by the trial Courtdoes not warrant any interference by this Court in exercising powersunder Article 227 of the Constitution of India.
10. The respondents – plaintiffs assert that the rent for thepremises as on December 2007 was Rs.4,000/- and when theydemanded the petitioner – defendant to enhance the rent fromRs.4,000/- to Rs.5,000/-, he stopped paying the rent, whichnecessitates them to file the suit for eviction and also for recovery ofarrears of rent. Whereas, it is the plea of the petitioner – defendant thatthe rent for the premises is Rs.1,000/- per month.
11. The total area in occupation of the defendant is 1200square feet. Indisputably, it is a commercial area. Even if the rent at Re.1-50 paise per square feet is calculated, it comes to Rs.1,800/-. Of course, the trial Court has fixed the rent at Rs.2,500/- per month. No reasons have been assigned to fix the rent at such rate. In thatview of the matter, the rent fixed by the trial Court is reduced formRs.2,500/- to Rs.1,800/- per month.
12. Accordingly, the Civil Revision Petition is allowed in partreducing the rent for the premises from Rs.2,500/- to Rs.1,800/-. Thepetitioner shall pay the arrears at the rate indicated above, within four(4) weeks from today. As and when the amount is deposited, therespondents – plaintiffs are at liberty to withdraw the same. In theevent of the petitioner – defendant failing to deposit the arrears withinthe stipulated time, the order passed by the trial Court shall standsrestored.
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B. SESHASAYANA REDDY, J