Syed Khader Basha Khadri v. Md.Nazeer Ahmed

THE HON'BLE SRI JUSTICE P.NAVEEN RAO CIVIL REVISION PETITION NO.2013 OF 2015 ORDER:

1. The plaintiff in O.S.No.13 of 2013 on the file of the Senior Civil Judge, Gooty, filed I.A.No.538 of 2014 under Order XV-A Rule 1 of the Code of Civil Procedure, 1908, seeking direction to the respondents therein to deposit the default rent for 24 months in the Court and if the respondents fail to deposit the same, to evict them from the plaint schedule property. The Court below has considered elaborately the rival contentions of the parties and having noted in paragraph No.22 of the order dated 13.04.2015 the admission of the petitioners herein that they did not pay the rent to the plaint schedule property from September 2012, held that the respondents therein are liable to pay undisputed arrears of rents from September 2012 at Rs.12,500/- per month and accordingly, allowed I.A.No.538 of 2014 directing the respondents therein to pay monthly rents to the petitioner/plaintiff at Rs.12,500/- per month from September 2012.

2. The petitioners challenged the said order.

3. Extensive submissions are made by learned counsel for petitioners.

4. I see no merit in the contentions urged on behalf of the petitioners. The petitioners themselves admitted the fact that rents have not been paid from September 2012, which is not in dispute and the Court below directed payment of rents from September 2012 and did not grant arrears of rent prior to September 2012 though claimed by plaintiff. Hence, there is no error in the order dated 13.04.2015 in I.A.No.538 of 2014 warranting interference by this Court.

5. The Civil Revision Petition is, accordingly, dismissed at the admission stage. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand dismissed.

_______________ (P.NAVEEN RAO, J)

30th October 2015 RRB