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2011 Supreme(AP) 432

L.NARASIMHA REDDY
K. Zakria Shaik – Appellant
Versus
K. Saleem Basha – Respondent


Advocates appeared:
For the Petitioner:B. Narasimha Sarma, Advocate.
For the Respondent:T.S. Anand, Advocate.

Judgment :

1. The respondent is the owner of a non-residential premises at Kurnool Town. The said premises was leased to the petitioner. Initially, the ground floor was leased and the rent thereof is fixed at Rs.9,900/- per month. The respondent filed O.S.No.36 of 2009 in the Court of Additional Seniors Civil Judge, Kurnool, against the petitioner, for the relief of recovery of arrears of rent to the tune of Rs.6,68,290/-covering various periods. He has has also filed I.A.No.858 of 2009 under Order 15-A of C.P.C. with a prayer to direct the petitioner to pay the arrears of rent and continue to deposit the rent every month and in default, to strike off the defence. In the statement enclosed to the petition, the respondent mentioned that a sum of Rs.6,67,890/-is required to be deposited as arrears.

2. The petitioner filed a counter affidavit, opposing the application. According to him, the entire first floor was constructed with his funds and the account thereof is yet to be settled. The various transactions that are said to have taken place between them are also mentioned. Through its order, dated 22.11.2010, the trial Court allowed the I.A. Hence, this civil revision petition.

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