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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
Kuldeep Soni – Appellant
Versus
V. Satyanarayana – Respondent
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
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 Tribunal's order for payment of rent arrears under Order 15-A of CPC, emphasizing the necessity of summary enquiry for disputed amounts.
The court emphasized the importance of adhering to the specific terms of lease agreements in determining rental obligations.
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.
It is no longer res integra that it is the burden of the defendant to prove that he had not defaulted in payment of rent in order to get the protection under section 5 (1) of Assam Urban Area Rent Co....
The court upheld the provisional rent assessment but set aside the requirement for the tenant to deposit arrears, emphasizing the need for evidence in disputes over rent payments.
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....
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....
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