THE HONOURABLE SMT JUSTICE K. SUJANA CIVIL REVISION PETITION Nos.1617 OF 2021 & 1668 OF 2022

COMMON ORDER

C.R.P.No.1617 of 2021 is preferred being aggrieved by the order dated 23.08.2021 made in I.A.No.437 of 2020 in O.S.No.321 of 2020 whereunder, the said petition was allowed directing the defendant to pay the arrears of rent of Rs.15,12,000/- within two months from the date of said order. The defendant was also directed to pay future admitted rents at the rate of Rs.2,52,000/- per month from the date of suit till the disposal of main suit.

2. C.R.P.No.1668 of 2022 is preferred being aggrieved by the order dated 05.07.2022 made in I.A.No.168 of 2021 in O.S.No.321 of 2020 on the file of the II Senior Civil Judge, City Civil Court, at Hyderabad, whereunder, the said petition was allowed by striking of the defense of defendant.

3. Aggrieved thereby, these revision petitions are preferred by defendant against the plaintiffs. For the sake of convenience, the parties herein are referred to as arrayed in O.S.No.321 of 2020.

4. The parties in both the revision petitions being same and as the subject matter in both the cases arise out of the same O.S., they are being heard together and decided by way of this common order.

5. The brief facts of the cases are that the plaintiffs filed suit for eviction, recovery of arrears of rents and mesne profits vide O.S.No.321 of 2020. In the said suit they filed I.A.No.437 of 2020 under Order XV-A of the Civil Procedure Code (for short ‘CPC’) praying to direct the respondent/defendant to pay the arrears of rent amounting to Rs.15,12,000/- and also to pay the admitted rent of Rs.2,52,000/- every month till the disposal of main suit. The plaintiffs also filed I.A.No.168 of 2021 under Order XV-A Rules 1 and 2 read with Section 151 of C.P.C., praying to strike off the defense of respondent.

6. After hearing the submissions made by both sides and after perusing the material available on record, the trial Court allowed I.A.No.437 of 2020 vide order dated 23.08.2021 directing the defendant to pay the arrears of rent of Rs.15,12,000/- within two months from the date of said order and also to pay future admitted rents at the rate of Rs.2,52,000/- per month from the date of suit till the disposal of main suit. In view of the non-compliance of said order, on 05.07.2022 the trial Court allowed I.A.No.168 of 2021 by striking of the defense of defendant. Aggrieved thereby, these revision petitions are preferred by defendant.

7. Heard Mr. V.V.Ramana, learned counsel for revision petitioner/defendant in both the matters and Ms.Chaya Devi, learned counsel representing Sri Annapurna Sreeram, learned counsel for respondents in both matters.

C.R.P.No.1617 OF 2021

8. Learned counsel appearing for revision petitioner/defendant contended that the order dated 23.08.2021 made in I.A.No.437 of 2020 is vitiated by errors of jurisdiction and the same is against the principles of natural justice. He submitted that the suit schedule property is a commercial property which was let out for running the hostel but due to the declaration of lockdown by the Central Government, as well as, the State Government, in view of widespread of Covid-19 virus, the hostel was closed as carrying out of commercial activities was not allowed. He further submitted that the trial Court failed to consider the fact that initially, the Ameerpet Hostel Owners Welfare Association, Hyderabad, passed a resolution that rent from the period of April, 2020 to June, 2020 would be declared as rent free but later the Association agreed that an amount of

15% to 25% on the agreed rental amount would be paid.

C.R.P.No.1668 OF 2022

9. Learned counsel for revision petitioner/defendant contended that the trial Court has erred in striking off the defense of revision petitioner vide order dated 05.07.2022 made in I.A.No.168 of 2021 as there are errors of law apparent on the face of record in the said order. He submitted that the defense of revision petitioner was striken off wit