This Civil Revision Petition is directed against the order dated 15-07-2009 passed in LA.No.26 of 2009 in O.s.No.1054 of 2007 [O.s.No.1302 of 2006 (old)] on the file of IV Additional Rent Controller-cum XVI Junior Civil Judge, Hyderabad, whereby and where under the learned Junior Civil Judge dismissed the application filed by the petitioner/defendant under Order 6, Rule 17 CPC.

2. Background facts in a nutshell leading to filing of this revision by the petitioner/ defendant in O.S.N 0.1054 of 2007 [O.s.No.1302 of 2006 (old)] on the file of IV Additional Rent Controller-cum XVI Junior Civil Judge, at Hyderabad, are: The respondent is the plaintiff and the petitioner is the defendant in O.s.No.1054 of 2007 [O.S.No.1302 of 2006 (old)]. G. Satyanarayana, the father of the plaintiff, owned a house bearing No.8-3-231/A/84/1, 2A, 2B, 2C, 3 and 4 etc. situated at Sri Krishna Nagar, Yousufguda, Hyderabad. The petitioner took the premises bearing NO.8-3-231/A/84/3 in the year 1998. An year thereafter, he also took the premises bearing No.8-3-231/A/84/4. The two shops are adjacent to each other. The monthly rent for both the shops in the year 2005 was Rs.4,880/- (Rs.2,440/- per shop). The said Satyanarayana entered into an agreement with the petitioner in respect of sale of the premises bearing No.8-3-231/A/84/3 in the month of September, 2005. The petitioner paid an advance of Rs.51,000/- through cheque bearing No.842350 drawn on the State Bank of Saurashtra, Nampally Branch, Hyderabad. The said Satyanarayana executed a gift settlement deed in favour of his son, who is the respondent herein, on 18-10-2005. Thereupon the petitioner issued a notice dated 28-12-2005 demanding Satyanarayana to execute a registered sale deed pursuant to the oral agreement of sale. Satyanarayana issued a reply notice dated 12-01-2006 admitting the agreement of sale and directing him to pay the balance sale consideration and obtain registered sale• deed in respect of the shop No.8-3-231/A/ 84/3 and vacate the adjacent shop bearing No.8-3-231/A/84/4. For better appreciation, I may refer para 7 of the reply notice, which reads as under:

"As such, please advise your client to pay the balance sale consideration of Rs.22,00,000/- and get the sale deed executed and registered in his favour in terms of the receipt dated 05-10-2005, and vacate the adjacent shop within a week from the date of receipt of this reply instead of precipitating the matter further and we hope your good advise may prevail upon your client.

In spite of the present reply if your client chooses to precipitate the. matters further he fails to get the sale deed executed and registered by paying the balance sale consideration and to vacate the adjacent shop, the alleged proposal for sale shall automatically stands cancelled and the advance amount of Rs.51,000/- paid by your client stands forfeited and your client shall not have any claim of whatsoever nature either against my client or in respect of the shop on the basis of the acknowledgment referred to by your client in the nature under reply."

The respondent issued a notice to the petitioner on 01-02-2006 directing him to vacate the premises and handover the possession of the shop in his occupation. To complete the narration of facts, two more proceedings initiated by the petitioner need to be noted. He filed O.S.No.7482 of 200S on the file of IV Junior Civil Judge, City Civil Court, Hyderabad, against the respondent and his father seeking perpetual injunction and obtained an ad interim injunction. He also filed O.S.No.194 of 2006 for specific performance of agreement of sale in respect of the premises bearing No.8-3- 231/ A/84/3 and the same is pending on the file of III Additional Chief Judge, City Civil Courts, Hyderabad. Whereas, the respondent filed O.S.No.1302 of 2006 on the file of IV Junior Civil Judge, City Civil Courts, Hyderabad, against the petitioner for eviction and recovery of possession apart from recovery of arrears of rent. The