The High Court · 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in o.s.No. 417 ol 2022 on the file of lst Addl Junior Civil Judge-cum-lst Addl Metropolitan Magistrate, at Kushaiguda, Medchal-Malkajgrri, District, pending the civil revision petition and pass Counsel for the Petitioner: SRl. K V L JAYASIMHA Counsel for the Respondent: _ _ _ - The Court made the following: ORDER ! a THE HON'BLE SRJ JUSTICE T. VINOD KUMAR c.R.P.No.3469 OF 20.23 ORDER: This Civil Revision Petition is filed aggrieved by the order, dt.2l.Og.2023 in lA.No.206 ot 2022 rn OS No.4l7 of 2022 on the file of the I Additional Junior Civ rl Judge-cum-I Additional Metropolitan Magistrate at Kushaiguda, Merlchal-Malkajgiri District.

2. The petitioner herein is thc respondent in the underlying interlocutory application and tlelcnclant in the suit.

3. The rcspondenI hcrcilr is thc petitioner in the underlying interlocutory application and pltrirttill in the suit hled seeking recovery of posscssion, irrrears o[ rent ttncl rne.sne profits.

4. The partres r,r'ill hercinaftcr lrt'relerrcd to as per their position in the suit.

5. The casc o[ thc pl:rintrif in t lre suit is that he is the absolute owner of the property bearinli Ilotrsc No.3O-lO49/43, Flat No.103, Sri Vani Nilallam, Laxmi Naear (.olonr , ()ld Sal-ilguda, Malkajgiri; that the af<-rresaid prolx'rtv s,:rs lirkcn or) r( r]t I;y the defcnclant under an oral 2 agreement, dt.l}.O7 .2O2O, on a monthly rent of Rs. 10,5OO/ - and maintenance of Rs.800/- per month.

6. The plaintiff further contended that since, the defendalt became default in payment of rent as well as maintenalce amount, he got a legal notice, dt.16.O5.2022, issued to the defendant demanding payment of the outstanding rental amount along with maintenance charges and also to handover vacant possession of tlte property'

7. The plaintiff further contended that though the defendant acknowledged thc receipt of legal notice and also did not deny the factum ol tenancy, however, denied of she being in arrears of rent'

8. It is the further case of the plaintiff that since, the defendant failed to pay the rents for a period of (O8) months and aiso maintenance charges, she had trled the underlying interlocutory application under Order XV-A r/w Section 151 of CPC to direct the defendant to deposit a sum o[ Rs.9O,4OO/-, which is an admitted amount of arrears o[ rent and mainlcna ncc charges. g. On the ptaintift filing the underlying interlocutory application' the delendant had Uled her counter denying the said claim and on thc Y 3 contrary, contended that she has been regularly paying rent amount to the plaintiffs son account through Google Pay, and as such there are no admitted rents due and palra$ls by the defendant to the plaintiff, as claimed.

10. Though the defendant while opposing the underlying interlocutory application hled by the plaintiff, while not disputing the factum of tenancy, however, had claimed of she regulariy having paid the admitted rent along with tnaintenance by transferring the same to the petitioner's son's Google Pay account, and as such, she not being in default of payment of rent, i1. is to be noted that in the underlying application before the trial Cor,rrt, the defendant except pleading to the above affect did not choose to adduce any evidence of not being in default in payment of rent lrom 01.11.2021 to 01.05.2022 after adjusting the advance amount of Rs.3I,500/- towards rent for tJle months of 01.O8.202i , Ol.O9.2O2l and O1.lO.2O2l. The Court below having regard to the provisions of order XVA of CPC as applicable in the State of Telangana and also taking note of the fact that even after taking one year for filing counLer, the petitioner did not prove by adducing evidence that she is paying rents, had allorved the underlying application directing the defendant to deposit admitted arrears of rent I 4 in a sum of Rs.90,4OO/- within two (02) rnonths from the date of the said order, and further directed to deposit the rents including maintenance @ Rs. 11,300/- per month from 01.O6.2022 to O1.O9.2023 and from Ol.lO.2O23 onwards in the Court on or before lOs day of every month.

11. lt is to be noted that Order XVA of the CPC, was enacted with a view to ensure that a tenant who is in possession of the property does not enjoy the property to the dctriment of the rightful owner.

12. In the facts of the present case, since, the defendant did not dispute the factum of tenancy and the defendant in order to claim that the suit liled by the plaintilf for recover of possession on tlte ground.of the defendant being in arrcars oI rent is not maintainable, is required to show thc payment of rcnt, regularly.

13. Since, a rcading o[ thc impugned order of ttre trial Court shows the defendan l- having lailcd to establish the aforesaid fact pleaded by her of not being in arrears, the order of the trail Court in directing the petitioner to dcposit arrcars oI rent of Rs.90,4OO/- wittrin a period of two (O2) months from the date of the order and also the further direction to deposit lhe rents including maintenance @ Rs.1 1,3O0/- per I I 'l I i I I i 5 month from O1.06.2022 to 01 .O9.2023 and from Ol.lO.2O23 onwards in the Court on or before 10s day of every month, cannot be held either as erroneous or perverse, for this Court to interfere with the said order in exercise of supervisory jurisdiction under Artii:le 227 of the Constitution of India.

74. Accordingly, the Civil Revision is devoid ol merit and is dismissed. No order as to costs

15. Consequently, miscellaneous pctitions pendrng, if any, shall stand closed. SO'.A.SREENIVASA REDDY ASSISTANT REGISTRAR .r \ \ SECTION OFFICER /iTRUE COPY// To, Kushaiouda.

1. The lAddl. Junior Civil Judge - cum - I Addl Metropo itan Magistrate' at 2. One Cd to SRl. K V L JAYASIMHA, Advocate [oPUC] 3. Two CD Copies \k Sdr/PSL I l HIGH COURT wK,J DATED: 1310G12025 ORDER CRP.No.3469 of 2023 I I o iHE C rA B. t ,;) )' ) (-) t 'i 2 4 JUL 2025 .: ,)lT * DISMISSING THE CRP WITHOUT COSTS ! Y4 zS