Back
VENKATESWARLU NIMMAGADDA
Mehmood Sherriff At Mehmoodulla Sheriff – Appellant
Versus
Mohammed Azazur Rehman – Respondent
ORDER :
(Venkateswarlu Nimmagadda, J.) :
1. This civil revision petition is filed under Article 227 of the Constitution of India, challenging the order in I.A.No.555 of 2021 in O.S.No.43 of 2021 dated 09.02.2024 passed by the I Additional District Judge, Vizianagaram.
2. For the sake of convenience, parties will hereinafter be referred as referred before the Trial Court.
3. The petitioner herein is the second defendant in O.S.No.43 of 2021. The first respondent herein/plaintiff filed O.S.No.43 of 2021 for eviction of the defendants from the plaint schedule property, besides claiming recovery of arrears of rent from the month of April, 2019 onwards till the end of October, 2019 @ Rs.20,000/- per month for 7 months commencing from April, 2019 onwards till the end of October, 2019, amounting to Rs.1,40,000/- and also claimed use and occupation damages amounting to Rs.2,00,000/- from September, 2019 to March, 2020.
4. The petitioner/plaintiff filed I.A.No.555 of 2021 in O.S.No.43 of 2021 to direct the respondents therein to pay Rs.1,40,000/- towards arrears of rent from April, 2019, till the end of October, 2019 @ Rs.20,000/- per month and also to pay Rs.50,000/- tentatively per month fr
The court emphasized the importance of adhering to the specific terms of lease agreements in determining rental obligations.
Trial courts can direct payment of undisputed rents during pendency of eviction proceedings, while burdens of proof for claims made remain with the relevant parties.
The court upheld the Tribunal's order for payment of rent arrears under Order 15-A of CPC, emphasizing the necessity of summary enquiry for disputed amounts.
A landlord-tenant relationship must be acknowledged for the court to enforce rent deposits; mere denial does not negate the obligation to pay legally due rent.
The court upheld the trial court's decision to require rent deposits pending the resolution of conflicting property ownership claims, reaffirming the need for procedural compliance in civil proceedin....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
