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.

ORDER :

RENUKA YARA, J.

1. Heard Mr. Mohd. Abdul Quadeer, learned counsel for the petitioners/defendants and Mr. Sharad Sanghi, learned counsel for respondents/plaintiffs. Perused the record.

2. This Civil Revision Petition is preferred by the petitioners/defendants aggrieved by the Order dated 08.11.2024 passed in I.A.No.543 of 2024 in O.S.No.259 of 2024 on the file of the XVII Additional Senior Civil Judge, City Civil Court, Hyderabad, wherein, a petition filed under Order XV-A of CPC has been allowed directing the revision petitioners to pay an amount of Rs.17,00,000/- towards arrears of rent from 03.01.2023 to 04.06.2024, Rs.18,672/- towards arrears of property tax, Rs.57,163/- towards arrears of electric charges, Rs.5,912 towards arrears of water charges, totally Rs.17,81,827/- on or before 10.12.2024 and to pay the monthly rent at Rs.1,00,000 per month on or before 10th of every succeeding month.

3. The brief facts of the case are that the respondents/plaintiffs have filed suit for eviction and recovery of possession coupled with recovery of arrears and mesne profits against the revision petitioners/defendants with respect to suit schedule property consisting of building bearing Door No.16-2-751/3 and 16-2-751/3/1, consisting of ground and first floor (built up area 2,104 Sq.Ft.) on Plot No.A-12, admeasuring 300 Sq.Yds., situated at SBH Colony, Saidabad Main Road, Saidabad, Hyderabad. There was a lease deed executed between the parties on 03.08.2020 for lease of the suit schedule property for monthly rent of Rs.60,000/- for a period of two (2) years and monthly rent of Rs.1,00,000/- after two (2) years from 03.08.2022 onwards. The revision petitioners have deposited a sum of Rs.60,000/- as advance towards the premises and the same was refundable. The lease deed is signed by the revision petitioners in the presence of witnesses. Thereafter, the revision petitioners were irregular in payments of rents. In addition, the revision petitioners who are not doctors have posed as doctors and have collected huge amounts towards medical fees and also obtained hand loans from several patients. Further, they also have caused death of several patients by posing as doctors though they were not qualified doctors. Due to the acts of the revision petitioners, complaint was lodged before the VII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad and the police registered a criminal case in FIR No.358 of 2023 dated 03.10.2023 against the revision petitioners for the offences punishable under Sections 406 , 415, 420, 425, 304-A and 506 of IPC . Thereafter, due to irregular payments of rents, the respondents got termination notice dated 09.03.2024 issued demanding the revision petitioners to pay arrears of rent of Rs.14,00,000/- and Rs.2,00,000/- towards damages and mesne profits. Said notice was got returned by the revision petitioners. In the circumstances, suit for eviction was filed.

4. Upon receiving summons in the suit, the revision petitioners have filed written statement denying executing the lease deed dated 03.08.2020. Further, according to the revision petitioners, the tenancy was oral with monthly rent of Rs.15,000/- only. Said amount was paid by cash, including the electricity bills and the respondents have taken advance of Rs.8,00,000/- at the time of oral lease. The unregistered lease agreement is a fabricated document created for the purpose of the case. The respondents requested the revision petitioners to whitewash and to carry out the repairs and the same resulted in expenses of Rs.5,00,000/- for the revision petitioners. The revision petitione