( 1 ) THIS Revision Petition is directed against the order dated 9-7-2004 in I. A. No. 550 of 2003 in O. S. No. 34 of 2002 on the file of the court of l-Addl. District Judge, Nizamabad.

( 2 ) THE revision petitioner is the defendant in the suit, whose application filed under order 16 Rule 6 of C. P. C. to summon the income-Tax Returns of the 1st plaintiff from the Joint Commissioner, Income-Tax was rejected by the Court below. The respondents are the plaintiffs.

( 3 ) FORTHE sake of convenience, the parties shall hereinafter be referred to as they were arrayed in the plaint.

( 4 ) THE facts, in brief, are as under: the respondents herein filed O. S. No. 34 of 2002 seeking a decree for eviction of the defendant/revision petitioner from the plaint schedule premises and for recovery of rents alleged to be due. The case of the plaintiffs was that the plaint schedule premises was leased out to the defendant under a registered Lease Deed, dated 11-4-2001 for the purpose of running a hotel. The lease was for a period of four years and the agreed lease amount was Rs. 5,200/- per day. It was alleged that the defendant paid the rents upto 28-3-2002 and thereafter committed default in spite of repeated demands made by the plaintiffs. The plaintiffs got issued a legal notice dated 10-5-2002 calling upon the defendant to vacate the premises by 31-5-2002. Having received the said notice, the defendant got issued a Reply dated 25-5-2002 denying all the allegations and claiming that on a request made by the plaintiffs he advanced a sum of rs. 10,46,050/- on 29-6-2001 and a further sum of Rs. 85,950/- on 30-6-2001. The plaintiffs disputed the said plea of the defendant and filed the suit contending that the sum of Rs. 11,32,000/- paid by the defendant was towards the sale proceeds of empty Beer bottles and hotel scrap available in the premises at the time of granting the lease and therefore the same cannot be adjusted towards the daily rent as claimed by the defendant.

( 5 ) THE defendant filed a written statement specifically pleading that the plaintiffs were in dire need of money for repaying the loan amount to the A. P. State Finance Corporation and since the hotel premises was under a threat of seizure and putting for auction for realization of the loan amount, the plaintiffs filed W. P. No. 3374 of 2001 in which a conditional order was passed on 11-4-2001 directing them to deposit the amount due within the specified period. In the circumstances, the Managing Director of the 1st plaintiff requested the defendant for a loan and accordingly the defendant paid a sum of rs. 5,00,000/- to the plaintiffs on 17-4-2001 as advance rent. That apart, Rs. 10,46,050/- was paid to A. P. State Finance Corporation, nizamabad through a Demand Draft dated 29-6-2001. The defendant also paid to the plaintiffs a sum of Rs. 85,950/- towards advance rent by way of cheque dated 30-6-2002. Thus, the defendant paid a total sum of Rs. 16,32,000/- towards advance rent/ loan. The plaint averment that the said amount was paid towards the amount realized by the defendant by sale of empty beer bottles and hotel scrap belonging to the plaintiffs which was available in the hotel premises at the time of granting lease was specifically denied. It was also contended that there was no proper termination of lease and therefore the suit claim for eviction and damages was misconceived and untenable.

( 6 ) ON the basis of the above plea raised in the written statement, the defendant has also made a counter-claim for recovery of a sum of Rs. 11,32,000/- together with interest thereon at the rate of 24% per annum.

( 7 ) IT is to be noted that along with the main suit, the plaintiffs filed I. A. No. 1894 of 2002 seeking a direction to the defendant to deposit arrears of rent as well as daily rents in the court. Though the defendant opposed the said petition, the same was ordered with a direction to the defendant to deposit rent at the rate of Rs. 5,200/- per day into the Court till t

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