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2023 Supreme(Online)(AP) 5490
2023:APHC:11346 HIGH COURT OF ANDHRA PRADESH TUESDAY ,THE ELEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CIVIL REVISION PETITION NO: 603 OF 2022 Between:
1. Ansuri Venkatarao S/o Appanna, 75y, Hindu, H.No.3-123, D.Annavaram (V) Sankhavaram Mandal, East Godavari Dist.
2. Ansuri Satyanarayana S/o. Venkatarao, 48y, Hindu, Pvt. Employee, H.No.3-123, D.Annavaram (V) Sankhavaram Mandal, East Godavari Dist.
...PETITIONER(S)
AND:
1. Bandaru Subba Lakshmi W/o late Lakshmanarao, 63y, Hindu, House wife, D.No.51-9-33, Gudimetla Vari Street, jagannikpur, Kakinada ...RESPONDENTS Counsel for the Petitioner(s): SRINIVASA RAO PAPPU Counsel for the Respondents: E V V S RAVI KUMAR The Court made the following: ORDER
2023:APHC:11346 HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CIVIL REVISION PETITION No.603 of 2022 Ansuri Venkatarao, S/o Appanna, aged about 75 years, Hindu, R/o H.No.3-123, D.Annavaram village, Sankhavaram Mandal, East Godavari District and another.
… Petitioners.
Versus Bandaru Subba Lakshmi, W/o late Lakshmana Rao, aged about 63 years, Hindu, Housewife, R/o D.No.51-9-33, Gudimetla Vari Street, Jagannaikpur, Kakinada- 533002.
… Respondent.
Counsel for the petitioners : Sri Pappu Srinivasa Rao Counsel for respondent : Sri E.V.V.S.Ravi Kumar
ORDER
Defendant in suit filed the above revision against the order dated 22.02.2022 in I.A.No.411 of 2021 in O.S.No.144 of
2018 on the file of Senior Civil Judge, Peddapuram.
2. Plaintiff filed the suit O.S.No.144 of 2018 against the defendants for recovery of arrears of rents.
3. Defendants filed written statement and are contesting the suit.
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4. Trial in the suit is commenced. When the suit is coming for the evidence of defendants, they filed I.A.No.411 of 2021 under Order VII Rule 11 r/w Section 94 and 151 of CPC to reject the plaint on the ground that it does not disclose cause of action.
5. In the affidavit filed in support of the petition, it was contended interalia that in cause of action Paragraph-8, the material particulars of cause of action are not mentioned. The suit is also bad for wrongful prosecution on the part of plaintiff. Necessary pleadings and material facts are absent in the plaint and hence, prayed the Court to reject the plaint.
6. Plaintiff filed counter and opposed the application.
7. Trial Court by order dated 22.02.2022 dismissed the application with exemplary costs of Rs.20,000/-. Aggrieved by the same, the present revision is filed.
8. Heard Sri Pappu Srinivasa Rao, learned counsel for petitioners and Ms.V.V.Gnanusha, learned counsel representing Sri E.V.V.S.Ravi Kumar, learned counsel for the respondent.
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9. Learned counsel for petitioners would submit that plaint filed by the plaintiff is not in consonance with Order VI Rules 2 to 4 of CPC. He would also submit that no material facts required, are not pleaded in the plaint.
10. On the other hand, learned counsel for respondent would submit that plaintiff asserted ownership to the property and also asserted leasing out the property to defendants. She would submit that averments in the plaint are in consonance with Order VI Rule 4 of CPC. She would also submit that since the plaint discloses material facts required, it cannot be rejected invoking Order VII Rule 11 of CPC.
11. Suit O.S.No.144 of 2018 was filed by plaintiff for recovery of arrears of rents. In the plaint, it was contended that the plaintiff is the owner of property and she leased out the schedule property to defendants on a rent of Rs.28,000/- per month payable by 1st of every succeeding month. Since the defendants are not paying rents, plaintiff filed the suit. In the cause of action, it was stated that when the defendants failed to pay the rents from 01.04.2015 and failed vacate the property and when plaintiff got issued a legal notice on 04.03.2018.
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12. Order VI Rule 2 of CPC contemplates that every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved. Every pleading shall be divided into paragraphs, numbered consecutively. As per Order VI Rule 4 of CPC, in cases where party is relying upon misrepresentation, fraud etc., particulars of dates shall be pleaded.
13. Case on hand, plaintiff specifically pleaded ownership of schedule property and also leased out the plaint schedule property to defendants. Regarding devolution of property of acquisition of property, the plaintiff will lead evidence. The averment in the plaint that plaintiff is owner of property, in the opinion of this Court is sufficient to satisfy the requirement in Order VI Rule 2 of CPC.
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14. In Saleem Bhai and others Vs. State of Maharashtra and others1, the Apex Court held thus:
“9. A perusal of Order 7 Rule 11 CPC makes it clear that the relevant facts which need to be looked into for deciding an application thereunder are the averments in the plaint. The trial court can exercise the power under Order 7 Rule 11 CPC at any stage of the suit — before registering the plaint or after issuing summons to the defendant at any time before the conclusion of the tr
