THE HONOURABLE SMT. JUSTICE P.SREE SUDHA CIVIL REVISION PETITION No. 277 of 2023

ORDER:

This Civil Revision Petition is filed aggrieved by the order dated 30.08.2022 passed in I.A.No.220 of 2022 in O.S. No.1470 of 2022 by the learned XXI Junior Civil Judge, City Civil Court, Hyderabad.

2. O.S.No.1470 of 2022 was filed by respondent/plaintiff against petitioner/defendant for eviction. During the pendency of the suit, I.A.No.220 of 2022 was filed by respondent/plaintiff against petitioner/defendant to deposit the arrears of rent of Rs.13,39,200/-. The trial Court allowed the application on 30.08.2022. Aggrieved by the order of the trial court, the petitioner/defendant herein filed the present civil revision petition.

3. Heard both sides. Perused the record

4. Learned counsel for petitioner contended that the petitioner had paid rents regularly without any due and he has produced Original Account Book maintained in the hostel. The trial Court only considered the statement of the respondent/plaintiff and without filing a calculation memo the trial Court allowed the application. Respondent/plaintiff issued Eviction notice in February, 2022 and suit for eviction was filed in April, 2022. The issue of arrears of rent from 21.04.221 to 20.02.2022 is a tribal issue and thus requested the Court to set aside the order of the trial Court.

5. Respondent/Plaintiff is the owner of the premises bearing No.7-1-621/198/68 SRT, near Police Station, SR Nagar, Hyderabad consisting of Ground Floor + Four Floors and pent house. Petitioner/defendant approached plaintiff and requested to let out the same for the purpose of running a Girls Hostel under the name and style of M/s.Grishmitha Deluxe Ladies Hostel and accordingly plaintiff let out the same on rent and plaintiff and defendant entered into a lease agreement on 20.01.2021. Monthly rent of Rs.1,20,000/- was agreed to be payable by defendant on or before 20 of every month for a period of 11 months and the same has to be renewed every year with mutual consent with 8% increase on existing rent and in the event of vacating the premises 5 months notice period is applicable to both of them. Defendant has to pay electricity and water charges and handover the receipts as proof of paying such amounts. Defendant paid rent for two months and later he has not paid the rents and defendant also filed O.S.No.1956 of 2021 against plaintiff for perpetual injunction on false and flimsy grounds. As defendant failed to pay the rents, Plaintiff filed two petitions, one for claiming arrears of rent from 21.04.2021 to 20.01.2022 for 9 months @ Rs.1,20,000/- per month totaling Rs.10,80,000/- and another one seeking direction to respondent to deposit the future rents and the same are pending for adjudication. Plaintiff got issued legal notice dated 24.02.2022, as such defendant is neither tenant nor occupant of the premises. Thus, plaintiff filed the suit for eviction.

6. In a counter filed by defendant before the trial Court, he contended that he already paid the amount by way of cash and the same was recorded in the accounts book maintained by plaintiff/respondent. The calculations made by plaintiff are totally wrong and defendant has already deposited the monthly rents. Thus, requested the Court to dismiss the application.

7. There is no dispute regarding jural relationship. The premises of the plaintiff were let out to defendant by way of lease agreement dated 20.01.2021 on monthly rent of Rs.1,20,000/- and it was revised subsequently with an increase @ 8%. Plaintiff clearly stated that he paid 2 months and defendant filed accounts book. Plaintiff filed suit for eviction and tenant is occupant of the premises as per Ex.R4, he paid Rs.60,000/- on 20.02.2021 and Rs.80,000/- in February 2021 and Rs.1,20,000/- was paid in cash till December, 2021. Rs.1,29,600/- was paid from January 2022 to May 2022, but the signatures underneath the entries were disputed. Petitioner/defendant filed electricity bills and water bills, but th