High Court for State of TelanganaCRP/3893/2014disposed of no costs

S A Nasir v. Syeda Fatima Zafar

2016-02-04A Ramalingeswara Rao2 pages

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Civil Revision Petition No. 3893 of 2014 Order:

This Civil Revision Petition is directed against the order, dated 22.08.2014, passed in IA No.397 of 2014 in OS No.305 of 2012 on the file of III Senior Civil Judge, City Civil Court, at Secunderabad.

2. The respondent herein filed the suit for eviction of the petitioner herein from the suit schedule premises. In the said suit, the respondent herein filed IA No.397 of 2014, under Order 15-A(2) of CPC, seeking a direction to the petitioner herein to deposit the amount of Rs.1,64,880/- calculated @ Rs.6,870/- per month which is equivalent to the amount of rent prior to termination of lease for the period from April 2012 to April 2014 and a further direction to the petitioner herein to continue to deposit an amount of Rs.6,870/- every month till disposal of the case. The said application was allowed, by an order, dated 22.08.2014. Challenging the same, the present Civil Revision Petition is filed.

3. When the matter is taken up for consideration, learned counsel for the petitioner submits that he paid an amount of Rs.1,64,800/- on 29.08.2015 and, though, he wants to pay the monthly rent, the respondent - landlord is not accepting the same.

4. Learned counsel for the respondent - landlord submits that the payment of Rs.1,64,800/- on 29.08.2015 does not satisfy the arrears of rent and the tenant has to pay substantial amount.

5. In the circumstances, this Court is not inclined to go into the merits of the case and, without expressing any opinion, in view of the submissions made by the learned counsel for the petitioner that he is willing to comply with the order, dated 22.08.2014, liberty is given to the petitioner to satisfy the Court of the learned III Senior Civil Judge, City Civil Court, at Secunderabad, with regard to compliance of

the order, dated 22.08.2014, and if the Court is satisfied with regard to payments appropriate opportunity shall be given to the petitioner to contest the case.

6. With the above observations, the Civil Revision Petition is disposed of. However, in the circumstances, no costs.

7 . As a sequel thereto, the miscellaneous petitions, if any, pending in this Civil Revision Petition shall stand closed.

________________________ A.

RAMALINGESWARA RAO, J.

Date: 04.02.2016 Nsr