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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUJOY PAUL, ACJ
Param Educational Society, Hyderabad – Appellant
Versus
R. Keshya – Respondent
| Table of Content |
|---|
| 1. lease agreements and rent (Para 3) |
| 2. contentions of petitioner and respondents (Para 4 , 5) |
| 3. respondents' counterarguments (Para 6 , 7) |
| 4. trial court's findings (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 5. court's reasoning on registered deed (Para 15) |
| 6. dismissal of civil revision petition (Para 16) |
ORDER :
SUJOY PAUL, ACJ.
Sri A.Venkatesh, learned Senior Counsel representing Sri Tarun G.Reddy, learned counsel for the petitioner and Sri Resu Mahender Reddy, learned Senior Counsel representing Ms. Sarvani Desiraju, learned counsel for the respondents.
2. With the consent, finally heard.
3. This civil revision petition under Article 227 of the Constitution of India takes exception to the order dated 16.04.2024 in I.A.No.91 of 2021 in O.S.No.127 of 2021 passed by the learned XXIV Additional Chief Judge, City Civil Court, Hyderabad, whereby the application preferred by the respondents/plaintiffs, who are the landlords, under Order XV-A read with Section 151 of the Code of Civil Procedure, 1908 (CPC), was allowed in part.
4. The contention of the petitioner/defendant, who is the tenant, is that as per the admitted facts, a registered lease deed was executed between the landlor
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 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.
The main legal point established in the judgment is that an unregistered lease deed for a period not exceeding 11 months is admissible in evidence, and a tenant is estopped from challenging the title....
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 maintainability of a revision petition under Article 227 despite objections, affirming the provisional assessment of rent and rejecting the applicability of the doctrine of suspe....
A tenant's admission of rent agreement and arrears can justify eviction under Order XII Rule 6 CPC, making registration irrelevant for short-term leases.
Point of law: When the aid of Revisional Court is invoked on the revisional side, it can interfere within the permissible parameters provided in the statute. It goes without saying that if a revision....
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