Abdul Kareem Khan , Imran v. Syed Zaiul Hassan
HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.5499 of 2015 ORDER :
This civil revision petition is filed under Article 227 of the Constitution of India, by the defendant in the suit in O.S.No.1822 of 2014 on the file of I-Senior Civil Judge, City Civil Court, Hyderabad, aggrieved by order, dated 28.10.2015, passed in I.A.No.196 of 2015.
2. In the suit filed by the respondent/plaintiff, he has filed application under Order 15-A read with Section 151 of C.P.C., seeking directions against the petitioner/tenant to deposit arrears of monthly rents at Rs.5,618/- from the month of October, 2013 to March, 2015, amounting to Rs.1,01,124/-, within one month from the date of order and to continue to deposit monthly rent of Rs.5,618/- from the month of April, 2015 regularly, failing which, the defence set out by the petitioner/defendant be struck off. The trial Court, by impugned order, allowed the application as prayed for, granting two months time to pay the arrears of rent to the tune of Rs.1,01,124/-.
3. Heard learned counsel for petitioner and also perused the order passed by the trial Court.
4. It is clear from the material on record that the petitioner was paying monthly rent at the rate of Rs.5,618/-
and he has failed to pay such rents from the month of October, 2013 to March, 2015 and fell in arrears to the tune of Rs.1,01,124/-. Though it is contended by the learned counsel for petitioner that original owner of property is Mrs. Ahmadi Begum, he has not denied the tenancy at all. In that view of the matter, there is no reason to interfere with the impugned order. However, the time for payment of arrears of rent is extended by one month from today and the petitioner shall continue to pay the monthly rents as ordered by the trial Court.
5. Subject to the above directions, the revision petition is disposed of. No costs.
Pending miscellaneous applications, if any, shall stand closed.
______________________ R. SUBHASH REDDY, J 18th December 2015 ajr