Civil Revision regarding an order directing the petitioner to deposit arrears of rent. The High Court restricted the recoverable arrears due to uncertainty in payment records.
Arrears of rent reduced to Rs. 1,50,000; original order confirmed in all other respects; defence restored upon deposit within four weeks.
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THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY
CIVIL REVISION PETITION No. 2769 OF 2014
Dated:20-10-2014
Between:
Ranjeet Singh Khanuja
... PETITIONER
AND
Omprakash Purohit
.. RESPONDENT
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY
CIVIL REVISION PETITION No. 2769 OF 2014
ORDER:
The respondent filed O.S No.1561 of 2013 against the petitioner for eviction from the suit schedule property and for recovery of arrears of rent. He has also filed I.A No.917 of 2013, with a prayer to require the petitioner to deposit arrears of rent. It was pleaded that the petitioner stopped payment of rents from May, 2013. The application was opposed by the petitioner. He pleaded that the rents were cleared up to April, 2014. After hearing both the parties, the trial Court took the view that a sum of Rs.3,60,000/- was due as on 02-06-2014 and accordingly allowed the I.A directing the petitioner to deposit the said amount within one month. It was also directed that the petitioner shall pay the rent at the rate of Rs.40,000/- per month, on or before tenth of every succeeding month. The said order is challenged in this revision.
Heard the learned counsel for the petitioner and the learned counsel for the respondent.
The petitioner does not dispute the fact that he is the tenant of the respondent. The controversy is as to whether there were
any arrears of rent. The respondent pleaded that from May, 2013 onwards rent was not paid. In case, the petitioner has paid the rents, he could have placed the relevant material before the trial Court and proved his contention. That was not done. If ultimately it emerges that the rent was paid for any particular period, the petitioner can adjust the same in future rents. However, the arrears can be restricted to Rs.1,50,000/- taking into account the uncertainty in the matter, for the present.
The C.R.P is accordingly disposed of restricting the amount of arrears of rent to Rs.1,50,000/- and confirming the order in all other respects. On payment of the said amount within four weeks from today, the defence which is struck off shall stand restored. The respondent shall be entitled to withdraw the amount as and when it is deposited.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
___________________________ L. NARASIMHA REDDY, J
20-10-2014 ks
1 issue framed by the court
Whether the amount of arrears of rent payable by the petitioner should be restricted in light of uncertainty regarding payment records.
Ranjeet Singh Khanuja
Omprakash Purohit
L. NARASIMHA REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
