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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Renuka Yara
Chintalapani Pranathi – Appellant
Versus
Janga Devendar Reddy – Respondent
ORDER :
Renuka Yara, J.
Heard Sri. A.Ganesh Raj, learned counsel for the revision petitioners and Sri.B.Sudhakar Reddy, learned counsel for respondent No.1 and Sri. Neeraja Reddy, learned counsel for respondent No.2 as well as Sri. Ch. Samson Babu, learned counsel for respondent Nos. 3 and 4. Perused the record.
2. This Civil Revision Petition is filed aggrieved by the impugned order dated 03.04.2024 passed in I.A. No.179 of 2023 in O.S. No. 57 of 2023 by the learned Additional Senior Civil Judge, Medchal Malkajgiri District at Medchal, wherein, the petition filed under Order XV-A read with Section 151 of the Civil Procedure Code, 1908 (for short, ‘the CPC’) to strike off the defence of the defendant Nos.1 to 5 by ordering them to pay the due amount to the plaintiff, has been disposed of with a direction to defendant No.1/bank to deposit the rent at the rate of Rs.48,756/- per month before this Court and also to deposit the arrears of rent with effect from January, 2023 within one month of passing of the order.
3. The revision petitioner Nos.1 and 2 are defendant Nos.2 and 3. Respondent No.1 is plaintiff. Respondent No.2 is defendant No.1. Respondent Nos.3 and 4 are defendant Nos.4 and
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....
A tenant denying rent is not required to deposit until the court adjudicates the issue of tenancy, as per Order XV Rule 5 of the Code of Civil Procedure.
Tenants failed to provide sufficient evidence to contest ownership and tenancy claims, leading to dismissal of revision petitions.
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 main legal point established in the judgment is that the court can direct the defendants to deposit arrears of rent based on the terms of the lease agreement, and a petition to reopen a case must....
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.
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