The High Court modified a lower court order imposing monthly rent arrears. It remanded the matter for evidence on rent payment while directing the defendant to pay undisputed arrears and future rent at a reduced rate.
The appeal was disposed of with modification of the docket order; arrears and future rent remanded to Junior Civil Court for evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURTFORTHE STATEOF TELANGANA AT HYDERABAO
THURSDAY, THE TENTHDAYOF N,IARCH TWO THOUSAND ANDTWENTY TWO
PRESENT
THE HONOURABLE SRIJUSTICEUJJAL BHUYAN
CIVIL REVISI ON PETITIONNO:1912 0F2021
Petition under Nlicle227of Constilutionof lndia, aggrieved bythe Orderdated l3l}gl212linlANo.4g4of20lginOSNo.353of20l9ontheflleoftheCourtoftheXl Junior Civil Judge,City Civil Courl,at Secunderabad.
Between:
Dr. A. Santosh, S/o. A.Kishtu, Aged 42 years, Occ. Doctor, R/o. Flat No 01, Landmark Apartment, RoadNo.1,West l\4aredpally,Secunderabad
...pETlTlONER/ DEFENDANT
AND
Sr nivas Sakilam, S/o.late Sri Venkatesham, Aged 48 years, Occ. Business, R/oH No' 22-2-9, Komali W adi, Dabeerpura,Hyderabad- aOOOro
...*TaTONDENT/pLAtNTtFF
lA NO: 1 oF 2021
Petition under Section151 of CPC praying that in the circumstances stated in the atfidavitfiled therewith,the HighCourt may be pleasedto stay of the operation of the Docket Order dated13.o9.2021 passed in l.A No.494/20'19in O S' No' 353i2019 on the file of Hon'ble XlJuniorCivil Court, Secunderabad, pending disposalof the CRP
For the Petitioner: SRIR.DHEERAJ SINGH, Advocate
For the Respondent: SRIAADESH VARMA,Advocate
The Courl made the following: OROER
1
THE HON'BLE SRI JUSTICE UJJAI, BHUYAN CML REVISION PETITION No.1912 OF 2O2l
ORDERT
Heard Mr.Dheeraj Singh, learned counsel for the petitioner and Mr.Adesh Varma, learned counsel for the respondent.
2 This Civil Revision Petition has been filed b1' the petitioner under Article 227 of the Constitution of India, assailing the le61a1ity and validity of the docket order dated 13.09.202 1 passed by the iearned XI Junior Civil ..ludge, Citl Civil Court at Secunderabad in 1.A.No.494 of 2019 in O.S.No.353 of 2019
3 Petitioner is the defendant in the. suit O.S.No.353 of 2019 instituted by the respondent as the plaintiff. The suit hasbeer.t filed for eviction of the defendant and for realisation of rental arrears. During the penclencv ol tl-re suit, respondent / plaintili liled a petition undcr Ordcr 15A of thc Code of Civil Procedure, 1908 (CPC), seeking a direction to the defendant to deposit rent at the rate oi Rs.6,000-00 per month from November, 2018 to April, 2019 and thereafter to continuepa-'ment of monthll' rent atthe rate of Rs.6,000-00. The said petition rvas registered as I.A.No.494 of 20 19. By the docket order dated 13.09.2021 , the saidpetition was allowed by directing the defendant topay admitted rentof Rs.4,500-00 per month from November, 2018 toApril,2019 torvards arrears of rent within aperiod olone month,u'ith further
directron to the defendant to pa-' monthly rent at the rate ol Rs.4,500-00 to the plaintiff on or before the 51h dar, of even' month. It was clarified that il there $'as anv default bv the defendant, the defcnce of the delendanL s'ould be struck off. lt is this order u,hich is under impugnmelit in the present Clvil Revision Petition.
4 Relevant portion ol the docket order dated 13.09 .2021 rs
extracted hercunder:
"This petition is filed under Order l5A of CPC to direct the respondent to deposit the rcnts (, Rs.6000/- pe. month from Novcmber, 2018 to April, 2019 totalling to Rs.36,000/- and further to direct the rcspondent to pay the monthly rent 6/ Rs.6000/- per month.
Accr-rlding to lhe pctilioncr, the rcspondert is inducted as a tcnant ol the petitioner and the present monrhll rent is-.Rs.6,000/- per month, but thc respondcnt failcd to pa1' rhe rcnts form November, 20l8 to April, 2019 @ Rs.6,000/- pcr month amounLrng to Rs.36,000/-. The petitioner got issued legal notice dt.l5.04-2019 directing the respondert to pay rhe rents and vacate the premises, but the rcspondent failed to do so.
On the othcr ha11al countcr irlccl lI rlrc rcsl>ondcnt drsputing thc contcntlon of the pelrtroner and statcd tha', rhc rcnt in rrspc.t of thc premiscs is onll'Rs.4500/-. Il is lurtheI contenlron of rhc icspondcnL thai hc ls rcgularr in paj'ment ol monthh rcnts to rhc petrtioncr.
It is a settled posiLron ol lar,,' that ',rhr::n (!c rents clalmed bv thc landlord it is Lhc durv of Lhe rcnant ro establish thal hr has paid tlre rents $'ithout arnv delault. On pcrusal ol recolri. legal notice dt l5ii).l -2019 sho\rs that thc rcnl oi Rs.6000l llo(c\r'r. undc:' rhcglrsc olrjrspui:n( lhr: rani the t.nanr r'.lnnol a\oial lhc ilil'nrcrlt rll rcalr(r) llrc ltr)(iii)rd llilrrr i;:lr thl rt";ponricnt 1llrs p)c.rdcd thal hc par(l rlr. rcllls Lri)ir) rl.rtc but r,, srr;rrr,rl ir. i-.t'r s rlc.: r() liiai t l'fo(:1. Srnc( thc ocliionr r' inirr iisr l:rs..rlr.| r'::i't r r 'rrlr, : :::s ir'i)f: ;jr 'cr;.rr'.''i'ira ,,thei allcg;rlions.inrl L oLiIrl(,r r.ir:r]i t ,,1]s r r('sir.al iri i ( iiriPLil('s r('l.r':nq ro r'rnt rrtL, hc looked lnto {)n lhc scparala apltLrcatron or rn lhc rnrrrr sLrrt.
ln rhc result. thls pcti'.ion rs allolvcd dlrecring the respondent to pa-l' admittcd rent of (, Rs.4,500/- per monlh lrnm November, 2018 to April, 20i9 towards ar!-ears of rent within one month from the date of this order and further directed the respondcnt ro pay monthly rent r,i Rs.4.500/- per month to thc petitioner on or beforc 5rri of(.vcrv month. In dcfault ofany of the aiorementioned directions, the defence of the rcspondent/ defcnd.rnt shall stand struck oif."
5 From a perusal of the above, it is seen that, according to the learned Court below, though the defendant had pleaded that he
3
haci paici the rents up to date, bnt no evidence in this regard rvas tendereci
6 Learned counsel for the petitioner has drawn the attention of the Court to page No.30 of the paper book wherefrom he submits that petitioner had filed several documents to shou, payment of rent for the arrear period
7 After hearing learned counsel for the parties and on due consideration, it is hereb_"- directed that petitioner shall continue to pay the monthly rent at the rate of Rs.4,500-00 on or before the Sth day of every month to the respondent / plaintiff. Hor.r,ever, in respect of the arrear amount, the mattei'is remanded back to the file of the learned XI Junior Civil Judge, Cit]. Civil Court, Secunderabad, to hear the same alresh by allowing the parties to adduce evidence. To rhat extent, the docket order dated 13.O9.2021 would stand modified.
8 This disposes of the Civil Revision Petition. No order as to costs. Miscellaneous petitions, if any, pending in this Civrl Revision Petition shall also stand closed
Sd/.N,CHAN DRASEKHAR RAO ASSISTANT REGISTRAR
,TRUE COPY//
SECTIO FF]C ER
To 1. The Xl Junior Civil Judge,City Civil Court, at Secunderabad 2. One CC to SriR.DheerajSingh,Advocate (OPUC) 3. One CC to Sri AadeshVarma, Advocate (OPUC)
wuv
HIGH COURT
DArEO:1010312022
ORDER
CRP.No.19'12 of 2021
E
la<br>,,l
^4
DISPOSING OF THE CRP WITHOUTCOSTS
2 issues framed by the court
Whether the docket order directing payment of disputed rent was legally valid.
Whether the tenant should be directed to deposit arrears and future rent without proof of payment.
2 provisions across 2 enactments
Dr. A. Santosh
Sr. Nivas Sakilam
Ujjal Bhuyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
