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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR. K. MANMADHA RAO, J
N.Mallikarjuna Rao – Appellant
Versus
Jumma Masjid Waqf – Respondent
ORDER :
As the issue involved in all the civil revision petitions is one and the same, these matters are taken up together for disposal by this Common Order.
2. The petitioners herein are the defendants and the respondents herein are the plaintiffs in O.S.No.09 of 2024, which was filed by the plaintiffs before the Andhra Pradesh State Waqf Tribunal, Kurnool (for short “the tribunal”) against the defendants for their ejectment from the suit schedule shop and recovery of arrears of rent and mesne profits.
3. Since the facts in all the civil revision petitions are similar and identical, therefore CRP No.3260 of 2024 is taken as lead case, and the facts therein hereinafter will be referred to for convenience.
4. The facts of the case are that the respondent herein is a notified Waqf Institution. The petitioners No.1 & 2 have approached the respondent requesting to lease out petition schedule property located in Canal Road, Vijayawada to run Hotel business. The respondent accepted for the same and leased out the petition schedule shop to the petitioners No.1 & 2. The lease agreement was executed on 25-11-2020 for (11) months commencing from the month of November, 2020 to September, 2021 and
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.
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.
Failure to regularly deposit admitted monthly rent under Order 15 Rule 5 CPC without timely representation constitutes deliberate defiance justifying striking off tenant's defence in eviction suit.
The burden of proof lies with the tenant to establish payment of arrears of rent, and failure to deposit rent during the pendency of the Suit can lead to eviction.
The main legal point established in the judgment is the importance of preventing unscrupulous tenants from avoiding rent payment during eviction proceedings, as emphasized by the court in its decisio....
The amended Section 32(c) of the Rent Control Act restricts civil court jurisdiction over eviction suits for tenants paying rent below specified thresholds.
The registered Addendum Lease Deed prevails over the unregistered MoU, and the trial Court's order on rent determination is upheld based on tenant admissions.
The court emphasized tenant protection under the Puducherry Cultivating Tenants Protection Act, ruling that eviction requires substantial proof of abandonment and adherence to procedural safeguards b....
Order XV(A) CPC requires an admission of the landlord-tenant relationship for its applicability; disputes over this relationship preclude its enforcement.
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