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2024 Supreme(Online)(AP) 10911
HIGH COURT OF ANDHRA PRADESH
NINALA JAYASURYA, J
SK.KHAJA RHAMATHULLA @ KHAJA RAHAMTULLA – Appellant
Versus
KARIMBAI ANIL KUMAR – Respondent
CRP 2720/2023
Mr.S.A.Razzaak, Mr. Sharanu Phani Teja
The court affirmed that a landlord can seek rent deposits under Order XV-A CPC, even amidst disputes regarding tenancy, emphasizing the need for timely rent payments to prevent undue hardship to landlords.
Headnote:(A) Transfer of Property Act, 1882 - Section 106 - Code of Civil Procedure, 1908 - Order XV-A - Eviction and recovery of rent - The plaintiff sought eviction and arrears of rent from defendants, who claimed a sale agreement existed, disputing the landlord-tenant relationship - The trial court ordered defendants to deposit arrears and future rents, subject to the outcome of a specific performance suit - The defendants contended the order was contrary to law and lacked due inquiry - The court found the trial court's order well-reasoned and justified, dismissing the revision petition. (Paras 6, 10, 18, 20)
(B) Jurisdiction - The court emphasized that disputes regarding landlord-tenant relationships and rent payments must be resolved through proper inquiry, and the trial court acted within its jurisdiction under Order XV-A. (Paras 14, 19)
Facts of the case:
The plaintiff filed a suit for eviction and recovery of rent against the defendants, who claimed they had an agreement of sale for the property and were not required to pay rent until the sale was executed.
Findings of Court:
The trial court ordered the defendants to pay arrears of rent and continue monthly payments, with the defense struck off for non-compliance.
Issues: The main issues included the validity of the landlord-tenant relationship and the enforceability of the alleged sale agreement.
Ratio Decidendi: The court upheld the trial court's decision, stating that the defendants' claims did not negate the obligation to pay rent and that the trial court had the authority to order rent deposits pending resolution of the dispute.
Result: Civil Revision Petition dismissed.
The present Revision Petition is filed by the petitioner aggrieved by the orders dated 27.02.2023 in I.A.No.548 of 2022 In O.S.No.1113 of 2021, on the file of the Court of Principal Junior Civil Judge, Nellore.
2) The parties are referred to as they are arrayed in O.S.No.1113 of
2021.
3) The petitioners herein are the defendants in O.S.No.1113 of 2021. The respondent is the plaintiff, who filed the suit against the defendants for eviction and recovery of arrears of rent i.e., Rs.92,000/- from July, 2020 to September, 2021 and to pay a some of Rs.10,000/- per month for unauthorized use and occupation of the plaint schedule property from the date of filing of the suit till the date of vacating the same etc. The 1st defendant filed a written statement, inter alia, to the effect that the defendants are continuously paying the rents without any default as on date of 30.12.2020. It is also stated that the plaintiff-respondent offered to sell the plaint schedule property to the defendants, that an agreement of sale dated 31.12.2020 was executed by the plaintiff in favour of the defendants by taking an advance amount of Rs.5,50,000/-. As the plaintiff failed to execute the sale deed, a suit for specific performance of agreement of sale was filed before the Court of Senior Civil Judge at Nellore. In the written statement a plea was also taken that there is no landlord and tenant relationship in between the plaintiff and the defendants and that the suit is not maintainable.
4) The plaintiff filed the above said Interlocutory Application viz.,
I.A.No.548 of 2022, under Order XV-A of the Code of Civil Procedure, seeking to direct the defendants to deposit arrears of rent and continue to deposit the rents at the rate of Rs.6,500/- per month within 2nd week of every succeeding month, failing which to struck off the defence in the main suit. In the affidavit filed in support of the said I.A., the relevant aspects with reference to termination of tenancy by issuing a Legal Notice dated 21.12.2020, as contemplated under Section 106 of the Transfer of Property Act, to the 1st defendant etc., were set out. Apart from the same, the plaintiff specifically denied the execution of the alleged Agreement of Sale dated 31.12.2020, while stating that a copy of the said agreement of sale was not filed along with the written statement and that the defendants wantonly and intentionally failed to pay the monthly rents.
5) The 1st defendant filed a counter affidavit, inter alia, stating that the said petition is not maintainable in view of the agreement of sale deed dated 31.12.2020 executed in favour of the 2nd defendant by passing possession of the property, that the defendants filed the original copy of the agreement of sale dated 31.12.2020 before the Principal Senior Civil Judge, Nellore, along with the Suit Online on 09.05.2020 against the plaintiff seeking relief to execute the regular Registered Sale Deed in favour of the 2nd defendant (2nd petitioner herein). In the said counter affidavit, it is also stated to the effect that as per the terms and conditions of the sale agreement dated 31.12.2020 it is clear that the defendants need not pay the rent towards plaint schedule portion until the execution of the regular sale deed in favour of the 2nd defendant in respect of the suit schedule property.
6) The learned Trial Court after considering the matter, by an order dated 27.02.2023 allowed the application filed by the plaintiff with a direction to the defendants to deposit a sum of Rs.1,37,500/- towards arrears of rent within one month from the date of the order and further to deposit a sum of Rs.6,500/- per month to the plaintiff (respondent herein) being the rent payable for the suit schedule property on or before 14th of every succeeding month, till the disposal of the main suit. The learned Trial Judge also observed that the depositing of rents shall be subject to the result of the suit for specific performance filed by the 2nd defendant (2nd petiti
