Bingannapally Bhagya Vs T.Satyanarayana

¶1

[3{661

¶2

IN THE HIGH COURT FOR^{THE STATE OF TELANGANA} AT HYDERABAD

¶3

FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND TWENW FIVE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE T.VINOD^KUMAR

¶6

ctvtL REvtsto^N PETITION NO:3469^{OF 2023}

¶7

Petition under Afticle 227 of the constitution of^{lndia against the Order dated} 21t}gt2123 passed in LA^No. 206 of 2022in^{O.S No. 417 of 2022 on the fale of the} Court of the I Addl. Junior Civil Judge -^cum -^{I Addl. Metropolitan Magistrate, at} Kushaiguda.

¶8

Between:

¶9

Binoannapally Bhagya, w/o Bala^{Kotaiah, Aged about 38 yrs, OccuRly} emitoyed. i.t{o^{g-O:to+sl+3Flat no 103, Sii VaniNilayam,Laxminagar} Colony, Old Safilguda, Malkajgiri^{- 56.}

¶10

...PETITION EFYDEFENDANT

¶11

AND

¶12

T.satyanarayana, s/o Late T Pentaiah, aged^{about 55yrs, Occu. Business} Rlo. H No 1-il-69/2/A,Ramnagar, Main^{Road, Hyderabad - 500020}

¶13

...RESPONDENT/S/PLAINTI^FF

¶14

lA NO:^'f OF 2023

¶15

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 pleasedto} stay of all further^{proceedingsin 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 petitionand pass}

¶16

Counsel for the Petitioner: SRl. K V L JAYASIMHA

¶17

Counsel for the Respondent: _ _ _ -

¶18

The Court made the following: ORDER

¶19

!
a

¶20

THE HON'BLE SRJ JUSTICE^{T. VINOD KUMAR}

¶21

c.R.P.No.3469 OF^20.23

¶22

ORDER:

¶23

This Civil Revision Petition^{isfiled 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-IAdditionalMetropolitan} Magistrate at Kushaiguda,^{Merlchal-MalkajgiriDistrict.}

¶24

The petitioner herein is thc^{respondentin the underlying} interlocutory application and^{tlelcnclantin the suit.}

¶25

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

¶26

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

¶27

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

¶28

2

¶29

agreement, dt.l}.O7 .2O2O, on^{amonthlyrent of Rs. 10,5OO/-and} maintenance of Rs.800/-^{per month.}

¶30

The plaintiff further contended^{that since, the defendaltbecame} 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 amountalongwith maintenance} charges and also to handover^{vacant possession of tlte property'}

¶31

The plaintiff further^{contended that thoughthe defendant} acknowledged thc^{receiptof legal notice and also did not deny the} factum ol tenancy, however,^{denied of shebeing in arrears of rent'}

¶32

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^{trledthe underlyinginterlocutory applicationunder} Order XV-A r/w Section^{151 of CPCto direct the defendant to deposita} sum o[ Rs.9O,4OO/-,^{which is an admittedamount of arrears o[ rent} and mainlcna ncc^charges.

¶33

g. On the ptaintift filing^{the underlying interlocutory application'the} delendant had Uled^{her counter denyingthe said claim and on thc}

3

I

Y

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.

¶38

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 beingⁱⁿ 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 beingⁱⁿ 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

¶39

4

¶40

'l

¶41

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.

¶42

lt is to be noted that Order XVA of the CPC, was enacted^witha 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.

¶43

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.

¶44

Since, a rcading o[ thc impugned order of ttre trial Court^shows the defendan l- having lailcd^{to establish the aforesaidfact 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^periodof 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}

¶45

5

¶46

I i I I i

¶47

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.

¶48