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THE HONOURABLE SMT. JUSTICE M.G. PRIYADARSINI CIVIL REVISION PETITION Nos.1149, 1165, 2082 of
2019 & 189 of 2020
COMMON ORDER:
The parties in all Civil Revision Petitions are one and the same, and the issue involved in all matters is interlinked with each other, therefore, these Civil Revision Petitions are being disposed of by way of this Common Order.
02. Civil Revision Petition No.1149 of 2019 is filed by revision petitioner (respondent-defendant No.1) under Article 227 of the Constitution of India aggrieved by the Order dated 14.03.2019 passed in I.A.No.844 of 2018 in O.S.No.182 of 2018 by the learned X Additional Chief Judge, City Civil Court at Hyderabad wherein respondents therein including revision petitioner herein were directed to pay arrears of rent.
03. Civil Revision Petition No.1165 of 2019 is filed by revision petitioner (respondent-defendant No.4) under Article 227 of the Constitution of India aggrieved by Order dated 14.03.2019 passed in I.A.No.844 of 2018 in O.S.No.182 of 2018 by the learned X Additional Chief Judge, City Civil Court at Hyderabad, wherein respondents therein including revision petitioner herein were directed to pay arrears of rent.
04. Civil Revision Petition No.189 of 2020 is filed by revision petitioner under Article 227 of the Constitution of India aggrieved by the Order dated 14.03.2019 passed in I.A.No.106 of 2019 in O.S.No.1694 of 2016 by the learned XX Junior Civil Judge, City Civil Court at Hyderabad wherein an application seeking permission to file rejoinder, was dismissed.
05. Civil Revision Petition No.2082 of 2019 is filed under Section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, preferred by the tenant against the Judgment and Decree dated 27.06.2019 passed in R.C.A.No.56 of 2017 by the learned Additional Chief Judge, City Small Causes Court at Hyderabad wherein and whereby the Order and Decree dated 14.02.2017 passed in R.C.No.174 of 2014 passed by the learned III Additional Rent Controller, City Small Causes Court, Hyderabad, the order of fair rent, was confirmed.
06. For the sake of convenience, hereinafter, the parties will be referred as per their array before the learned Additional Chief Judge.
07. The facts of the case, in brief, are as follows:
Smt.Shakuntala Devi is the owner of the property bearing No.15-9-261, situated at Gowliguda Chaman, Hyderabad. J.Krishna and three others are tenants of the above property.
08. As tenants are paying meager rent of Rs.100/-
per month, owner has filed R.C.No.174 of 2014 on the file of the learned III Additional Rent Controller, City Small Causes Court, Hyderabad seeking fixation of fair rent, vide Order dated 14.02.2017 monthly rent of Rs.36,160/- was fixed with effect from July, 2014 and the said Order was confirmed vide Judgment and Decree dated 27.06.2019 passed in R.C.A.No.56 of 2017 by the learned Additional Chief Judge, City Small Causes Court at Hyderabad, which is the subject matter before this Court in Civil Revision Petition No.2082 of 2019.
09. Owner has also filed suit vide O.S.No.182 of
2018 for eviction and recovery of arrears of rents along with Interlocutory Application vide I.A.No.844 of 2018 seeking a directions to tenants to deposit arrears of rents Rs.17,64,608/- and the said Interlocutory Application was allowed directing tenants to deposit/pay the arrears of rent of Rs.17,64,608/- in favour of owner and also directed to continue to deposit the rents @ Rs.39,776/- per month from July, 2018 onwards until further orders, failing which liberty was granted to owner to take appropriate steps to strike off defence of tenants, which is the subject matter before this Court in Civil Revision Petition Nos.1149 and
1165 of 2019.
10. Tenants have challenged the ownership of Smt.Shakuntala Devi over the subject property and filed O.S.No.1694 of 2016 on the file of the learned XX Junior Civil Judge, City Civil Court, Hyderabad and during the course of adjudication of the above suit, tenant has filed an Interlocutory Application vide I.A.No.106 of 2019 in O.S.No.1694 of 2016 seeking permission to file rejoinder an