The Court upheld the concurrent findings of fact regarding jurisdiction and lease termination, based on the evidence presented.

ORDER :

1. The present Civil Revision Petition is filed under Section 115 of C.P.C. questioning the order, dated 14.02.2020, passed in E.P. No. 163 of 2015 in O.S. No. 378 of 2010 on the file of the Principal Junior Civil Judge, Nizamabad, wherein and whereunder the petition filed by the respondent/Decree Holder for delivery of possession of E.P. Scheduled Property in his favour, was allowed and ordered issuance of notice under Order 21 Rule 35 of C.P.C. to the petitioner/Judgment Debtor.

2. The brief facts which led to filing of the present Civil Revision Petition are that the respondent herein, who is the landlord of the scheduled property, filed O.S. No. 378 of 2010 seeking eviction of the petitioner herein from the scheduled property and for recovery of arrears of rent of Rs. 20,000/-. Vide judgment and decree, dated 23.06.2014, the learned Principal Junior Civil Judge, Nizamabad, decreed the said suit directing the petitioner herein to vacate the suit scheduled property and deposit arrears of rent of Rs. 20,000/- and also to handover the vacant physical possession thereof to the respondent within two months from the date of judgment and decree, failing which, the respondent is entitled to get the same vacated through process of Court at the expenses of petitioner. Aggrieved by the said judgment, the petitioner, who is the defendant in the suit, filed A.S. No. 22 of 2014. Along with the appeal, the petitioner filed I.A. No. 990 of 2014 seeking stay of execution of the decree dated 23.06.2014 and that the learned I-Additional District Judge, Nizamabad, vide order dated 27.08.2014 granted interim stay of execution of decree subject to the condition of the petitioner depositing rent at Rs. 1,000/- per month to the credit of the suit for the period from April, 2010 to July, 2014, within a week from the date of order and shall continue to deposit the rent at that rate, on or before 5th of every succeeding month. The stay order has been challenged by the respondent before this Court by filing C.R.P. No. 3766 of 2014. By an order, dated 27.12.2014, while disposing of the said C.R.P. this Court modified the order of the appellate Court to the following extent:

“The respondent/tenant shall deposit an amount of Rs. 2,000/- per month instead of Rs. 1,000/- per month to the credit of the suit. The arrears shall be deposited at the rate of Rs. 2,000/- per month from April, 2010 till date in two instalments on or before 31.03.2015 and the petitioner/landlord is entitled to withdraw the same. It is needless to mention that the amounts paid earlier shall be given credit to. Further, the respondent/tenant shall continue to pay rent at the rate of Rs. 2,500/- per month till the disposal of the appeal. It is made clear that in case of non-compliance of the stipulated condition, the stay granted by the lower appellate Court shall automatically stand vacated and this Court does not consider any extension of time for compliance of the imposed condition.”

3. As the petitioner herein has failed to comply with the order of this Court in C.R.P. No. 3766 of 2014, the stay order stood vacated and as such, the respondent/D. Hr. filed E.P. No. 163 of 2015 seeking to evict the petitioner/J. Dr. from the suit scheduled property and deliver vacant possession of the same. The petitioner/J. Dr. filed counter, inter alia, contending that he has complied with the order by depositing monthly rent as per the decree and as such he is not liable to be evicted from the premises. He further contended that vacant possession of the suit scheduled property cannot be given to the decree holder when the appeal against eviction is pending adjudication. He further contended that monthly rent of the premises is only Rs. 1,000/- and hence the Rent Controller has got jurisdiction to try the matter and not the Junior Civil Judge. He further contended that there was no proper termination of lease and as such the suit filed for eviction and for arrears of rent from April, 2010 to J