ORDER:

This Civil Revision Petition is filed under Article 227 of the Constitution of India, assailing the order dated 14.10.2022 in I.A.No.232 of 2022 in O.S.No.72 of 2022 on the file of the learned IX Additional Chief Judge, City Civil Court, Hyderabad.

2. This application in IA No.232 of 2022 was filed by the petitioner/plaintiff under Order XV-A of the Civil Procedure Code, 1908 (for short (cid:145)C.P.C.(cid:146)) with a prayer to direct the respondents/defendants to pay the outstanding arrears of rent from July 2020 to January, 2022 for a period of 19 months amounting to Rs.83,60,000/- + interest at 15% per annum of Rs.12,54,000/- totalling to Rs.96,14,000/- and also to direct the defendants to pay the future rents @ Rs.4,40,000/- per month.

3. The learned judge of the trial Court after due enquiry directed the respondents/defendants to pay the outstanding arrears of rents from July 2020 to January

2022 amounting to Rs.83,60,000/- within one month from the date of the order directly to the account of the petitioner/plaintiff. The defendants were also directed to pay future monthly rents on or before 5th of every succeeding month till disposal of the suit. Feeling aggrieved by the said orders, the defendants have filed this civil revision petition.

4. Heard the learned counsel on both sides. The submissions made on either side have received due consideration of this Court.

5. For the sake of convenience, the parties are hereinafter referred to as (cid:147)plaintiff and defendants(cid:148) as arrayed in the Original Suit.

6. On careful perusal of the pleadings in the plaint, written statement filed by defendants 1 to 3, averments of the supporting affidavit and counter affidavit, the jural relationship of landlord and tenant is not in dispute between the parties. It is also not in dispute that the lease commenced from 01.06.2020 for a period of 10 years i.e., from 120 months till 31.05.2030. As per clause 5.7 of the lease deed, defendant No.2 has paid a sum of Rs.65,00,000/- from 04.05.2017 to 16.04.2019 by way of RTGS as advance deposit. The parties have also entered into a Memorandum of Understanding (MOU) on 28.01.2021 for payment of unpaid rents for the period from January 2020 to May 2020. But the case of the defendants is that the said MOU was obtained under the threat of eviction and that they have signed without knowing the contents of the same.

7. The contention of the respondents/defendants is that they have paid an amount of Rs.3,58,500/-, but not towards the rent of June 2020. The said amount was paid under critical circumstances when the defendants had liquidty and cash flow issues during covid pandemic and post covid situation. The defendants are running an educational institution and the covid pandemic has major impact on the survival of the educational institution, the defendants are always willing to pay the rents of covid pandemic period in instalments, but the plaintiff has refused to receive the said amounts and also refused to share their bank account.

8. Be it noted that there is no such understanding between the parties with regard to payment of arrears of rent either in the instalments or waiver of the same or payment of half of the rents. Absolutely, none of the parties have adduced any evidence before the trial Court to that effect during summary enquiry. The record does not disclose about any such understanding in view of the specific clauses in the lease deed, as such the trial Court has not considered this aspect of defence set up by the defendants.

9. As per clause-5.3 of the lease deed, the lessee shall pay the monthly rent to the lessor on or before 5th day of the every English calendar month in advance. In case, if the lessee commits default in payment of rent for a single month, the lessee shall pay interest @ 15% per month on the outstanding amount. If the default period exceeds three months, it shall be treated as breach of terms and conditions of the lease leading to terminating the tenancy o