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2021 Supreme(AP) 34
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. GANGA RAO, J.
P. Praveen – Petitioner
Versus
V. Suseela – Respondent
Civil Revision Petition No. 2430 of 2019
Decided On : 04-12-2020
Advocate Appeared:
For the Petitioner: Sri. Srinivasulu Kurra.
For the Respondent: Sri. K.G. Krishna Murthy.
Point of law: hence the court has inherent power to entertain application filed by the defendant/landlord in the suit for injunction restraining the defendant/landlord could not be accepted, when the provision under Order XV-A CPC specifically provides a remedy to the landlord in a suit for recovery of possession, on termination of lease or licence, if any, undisputed rents payable by the tenant, the landlord’s application for recovery of arrears of rent alone is maintainable.
Headnote:
Code of Civil Procedure, 1908 - Order XV-A read with Section 151 - Constitution of India,1950 -Article 227 - Arrears of rent -registered lease deed -registered notice –jurisdiction - Whether defendant is entitled for rents from 02-08-2017 onwards as sought by her can only has to be considered after evidence let in by both parties - suit for injunction - plaintiff filed suit for permanent injunction restraining defendant her agents servants or any body on her behalf in any way from interfering with plaintiff’s peaceful possession and enjoyment and running hotel business under name and style of direction to defendant to pay costs of suit along with I-Afor ad-interim injunction and injunction was granted by trial Court - When suit is coming for filing written statement defendant filed a petition under Order XV-A read with Section 151 CPC to direct plaintiff to pay arrears of rent from for a period of nine months at rate of comes to from to till filing of petition for a period of 7 months at rate of total arrears of rent of and further direct him to continue to pay admitted future rent at rate of onwards till disposal of suit in terms of registered lease deed
Finding of court: A reading of provisions of Order XV-A of CPC clearly postulates an obligation upon defendant/tenant in suit for recovery of possession on termination of lease or licence with or without prayer for recovery of arrears of rent of licence fee while filing his written statement shall deposit amount representing undisputed arrears of rent calculated up to into court and shall continue to deposit such amount which becomes payable thereafter within one week from on which it becomes due till judgment is rendered in suit- object of above provision of law is only to protect interest of landlord pending adjudication of his suit for eviction- Even provision enables plaintiff/landlord to file an application under Order XV-A of CPC to seek a direction from court to defendant to pay undisputed arrears of rents as per law- Hence defendant/landlord in a suit filed by plaintiff/tenant for permanent injunction and not to interfere with peaceful possession and enjoyment of leased property is not entitled to file an application under Order XV-A of CPC as plaintiff is not obligated to deposit undisputed arrears of rent in suit as provided under Section 11 of Rent Control Act where it specifically obligates tenant to file an application to deposit rents- In absence of specific provision to deposit arrears of undisputed rents by plaintiff/tenant in a suit for injunction restraining landlord to evict tenant deposit of undisputed rents by tenant cannot be read into provision
Result: Civil Revision Petition is allowed
ORDER :
1. The petitioner is the plaintiff and tenant, in a suit for injunction against the landlady, filed this Civil Revision Petition under Article 227 of the Constitution of India to set aside the order dated 22.07.2019 in I.A. No. 665 of 2018 in O.S. No. 289 of 2018 passed by the IV Additional District Judge, Tirupathi, wherein the petition filed by the respondent/ defendant under Order XV-A read with Section 151 of the Code of Civil Procedure, 1908 for deposit of arrears of rent was allowed directing the petitioner/plaintiff to deposit rents as per the terms and conditions of registered lease deed dated 02.04.2016 from the registered notice dated 24.07.2018 issued by the defendant till date within one month from the date of the order, as being illegal, arbitrary and contrary to the provisions of Order XV-A CPC without jurisdiction.
2. For the sake of convenience the parties hereinafter called as arrayed in the suit before the trial Court.
3. The plaintiff filed the suit for permanent injunction restraining the defendant, her agents, servants or any body on her behalf in any way from interfering with the plaintiff’s peaceful possession and enjoyment and running the hotel business under the name and style of PAWAN PALACE either by trespass or by forcible dispossession or in any other manner unknown to law, until the plaintiff is duly evicted under due process of law and for direction to the defendant to pay the costs of the suit along with I.A. No. 583 of 2018 for ad-interim injunction and the injunction was granted by the trial Court. When the suit is coming for filing written statement, the defendant filed a petition under Order XV-A read with Section 151 CPC to direct the plaintiff to pay arrears of rent from 02.08.2017 to 01.04.2018 for a period of nine months at the rate of Rs. 1,80,000/- comes to Rs. 16,20,000/- from 02.04.2018 to till filing of the petition, for a period of 7 months at the rate of Rs. 2,30,000/- comes to Rs. 16,10,000/- total arrears of rent of Rs. 32,30,000/- and further direct him to continue to pay the admitted future rent at the rate of Rs. 2,30,000/- from 02.11.2018 onwards till the disposal of the suit in terms of registered lease deed. The plaintiff filed counter denying the averments made in the affidavit filed in support of the petition, specifically stating that the plaintiff is not liable to pay rent from 02.08.2017 to 01.04.2018 for a period of nine months at the rate of Rs. 1,80,000/- per month amounting to Rs. 16,20,000/- and the plaintiff is not liable to pay the enhanced rent from 02.04.2018 till date, for a period of 7 months, a total sum of Rs. 16,10,000/- and the calculation is totally wrong and misleading. The plaintiff is not in arrears of payment of rent of Rs. 32,30,000/- as alleged. The plaintiff filed the suit on 01.11.2018. The plaintiff has paid the rents up to the end of September, 2018 and rents from October, 2018 alone is payable and in view of the damages and other atrocities committed by the defendant and her people the rent was not paid, as the defendant damaged properties worth Rs. 1,50,00,000/-. The plaintiff reserves his right to claim damages. The Trial Court, without conducting any enquiry, allowed I.A. No. 665 of 2018 in part, directing the plaintiff to deposit rents as per the terms and conditions of registered lease deed dated 02.04.2016 from the registered notice dated 24.07.2018 issued by the defendant till date within one month from the date of the order, holding that initially agreed rent between the parties as per the lease agreement dated 02.04.2016 was Rs. 1,80,000/- the defendant admittedly issued a notice dated 24.07.2018 to the plaintiff through her counsel and admittedly the plaintiff did not pay the rent after issuance of the said notice. Whether the defendant is entitled for the rents from 02.08.2017 onwards as sought by her, can only has to be considered after evidence let in by both the parties. The contention of the plaintiff that the defendant a
