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2014 Supreme(AP) 1241

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
C.V. Nagarjuna Reddy, J.
Swarna Priya - Appellant
Vs.
G. Koteswara Rao - Respondent
Civil Revision Petition No. 2989 of 2014
Decided On: 19.09.2014

Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: K.R. Koteswara Rao for A.K. Kishore Reddy

Headnote:

Civil service - Civil Procedure Code - Recovery of possession - Suit schedule property - Civil Revision Petition arises out of Order – Petitioner is defendant in aforesaid suit filed by respondent for declaration that gift deed executed by respondent in favor of petitioner is null and void and for cancellation of same - Curiously petitioner filed for a direction to respondent plaintiff to deposit rent of per month before Court in respect of property which is subject matter of suit -Held, Euphemistically described this application filed by petitioner is converse to Order Civil Procedure Code which landlord of a building in a suit filed by him for recovery of possession can file an application for deposit of rents by defendant/tenant pending suit - There is no provision in Civil Procedure Code which enables defendant in suit to file an application for a direction to plaintiff to deposit the rents or income derived from suit schedule property - In this view of matter this Court perceives as wholly misconceived and same was given treatment it deserved by lower Court - Petition dismissed (Para 4)

Order

C.V. Nagarjuna Reddy, J.

1. This Civil Revision Petition arises out of Order, dated 02.06.2014, in I.A. No. 1334 of 2012 in O.S. No. 116 of 2012, on the file of the Court of the learned I Additional District Judge, Ranga Reddy District at L.B. Nagar, Hyderabad.

2. Petitioner herein is defendant No. 1 in the aforesaid suit filed by respondent No. 1 herein for declaration that gift deed, dated 02-12-2011, executed by respondent No. 2 in favour of the petitioner is null and void and for cancellation of the same. Curiously, the petitioner filed I.A. No. 1334 of 2012 for a direction to respondent No. 1/plaintiff to deposit the rent of Rs. 50,000/- per month before the Court in respect of the property, which is subject matter of the suit. This application was dismissed, and in my view, rightly by the lower Court.

3. I heard of no provision under the Code of Civil Procedure (CPC) where a defendant in a case of this nature can claim such a relief.

4. Euphemistically described, this application filed by the petitioner is converse to Order XV-A CPC, under which the landlord of a building, in a suit filed by him for recovery of possession, can file an application for deposit of rents by the defendant/tenant, pending the suit. There is no provision in the CPC, which enables the defendant in the suit to file an application for a direction to the plaintiff to deposit the rents or income derived from the suit schedule property. In this view of the matter, this Court perceives I.A. No. 1334 of 2012 as wholly misconceived and the same was given the treatment it deserved by the lower Court.

5. The Civil Revision Petition is, therefore, dismissed.

6. As a sequel, CRPMP. No. 4095 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.

Disposed off.


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