Ramesh Kumar Mittal v. T. Mohan

HON'BLE SRI JUSTI CE M. SATYANARAYANA MURTHY CI VI L REVI SI ON PETI TI ON No.4 0 8 1 of 2 0 1 6 ORDER:

This Civil Revision Petition under Section 227 of the Constitution of India is filed challenging the Order dt.01.06.2016 in I.A.No.974 of 2015 in O.S.No.1100 of 2015 passed by I Senior Civil Judge, City Civil Court, Hyderabad, whereby the Court directed to deposit Rs.4,54,000/ - and arrears of rent for the months of September, 2015 to May, 2016 @ Rs.22,000/ - per month and to pay rents @ Rs.22,000/ - per month from June, 2016 till disposal of the suit.

2. The respondent here filed the suit for ejectment of the revision petitioner from the premises bearing municipal No.4-2-10-71, Ramkote, Hyderabad, alleging that tenancy was commenced on 1.08.2009 on monthly rent of Rs.100/ - per month exclusive of electricity consumption charges and municipal property tax payable for the premises etc., 3.

During pendency of the suit, the respondent herein filed a petition under Order 15-A Rules 1 and 2 of CPC seeking a direction against the revision petitioner for payment of arrears of rent up to date to contest the matter.

2 MSM,J 4.

As the revision petitioner/ respondent disputed arrears of rent in the counter, the trial Court issued a direction for payment of Rs.4,54,400/ - towards arrears of rent from September, 2015 to May, 2016 @ Rs.22,000/ - per month by 30.06.2016 and directed to pay the future rent at Rs.22000/ - per month from June, 2016 to till disposal of the suit.

5. The said Order is now assailed in the present revision raising several contentions. But during hearing Sri T.V.Ramana Rao, the learned counsel for revision petitioner, requested this Court to grant two months time from today to clear entire arrears. Whereas, Sri S. Balchand, Advocate for the respondent herein complained that the revision petitioner did not pay any amount towards rent during pendency of the suit.

6.

In view of the request made by the counsel for revision petitioner, this Civil Revision Petition is disposed of directing the revision petitioner to deposit entire arrears of rent, as ordered by the trial Court, and continue to pay rent to the respondent @ Rs.22,000/ - per month, during pendency of the suit. The findings, if any recorded, in this revision will have no bearing on the decision in the main suit with regard to quantum of rent and other grounds urged therein and the trial Court is directed to decide the

3 MSM,J matter uninfluenced by the conclusion or findings recorded in this Civil Revision Petition.

7.

Accordingly, this Revision Petition is disposed of. No costs.

As a sequel, miscellaneous petitions, if any, pending in this case, shall stand closed.

____________________________________________ M. SATYANARAYANA MURTHY, J Date: 28-09-2016.

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4 MSM,J HON'BLE SRI JUSTI CE M. SATYANARAYANA MURTHY CRP No.4 0 8 1 of 2 0 1 6 Dt. 28-09-2016 eha