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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA
P. Kishan Rao – Appellant
Versus
P. Vimala – Respondent
ORDER :
1. This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner-plaintiff aggrieved by the order, dated 05.07.2019, in I.A.No.330 of 2018 in O.S.No.554 of 2018 passed by the learned V Senior Civil Judge, City Civil Court, Hyderabad, whereunder and whereby, the application filed under Order XV-A read with 151 of Code of Civil Procedure, 1908 to direct the respondents-defendants to deposit the arrears of rent @ Rs.25,000/- per month for the period from October, 2012 to June, 2018 i.e. for a period of nine months, amounting to Rs.2,25,000/- and continue to deposit the future rents at the same rate till disposal of the suit, was dismissed.
2. Heard Sri M.A.K. Mukheed, learned counsel for the petitioner and Sri Venkatesh Deshpande, learned counsel for the respondents. Perused the record.
3. The facts of the case are that the petitioner-plaintiff filed the aforesaid suit for eviction of the respondents-defendants from the suit schedule property i.e., H.No.1-1-261/15/G and 1-1-261/15/G1 consisting of ground plus pent house situated at Road No.1, Chikkadpally, Hyderabad, and for arrears of rent and mesne profits. The petitioner is the absolu
A landlord-tenant relationship must be acknowledged for the court to enforce rent deposits; mere denial does not negate the obligation to pay legally due rent.
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....
Order XV(A) CPC requires an admission of the landlord-tenant relationship for its applicability; disputes over this relationship preclude its enforcement.
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.
It is settled law that, if no document evidencing fact of tenancy is given and if it is an oral tenancy, same has to be considered on merits.
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