THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION No.217 of 2025

ORDER:

This Civil Revision Petition is filed assailing Order dated

03.09.2024 in I.A.No.225 of 2020 in O.S.No.2868 of 2020, passed by the learned III-Junior Civil Judge, City Civil Court, Hyderabad, wherein the application filed by the respondent under Order XV-A R/w. Section 151 of CPC, was dismissed.

2. Heard Sri Achuthanand, learned Counsel for the petitioner and Sri G.Purushotham Rao, learned Counsel for respondent.

3. Petitioner herein is defendant and respondent is plaintiff in the suit.

4. Brief facts of the case which led to filing of the present revision petition are that respondent herein has filed a suit vide O.S.No.2868 of 2020, against the petitioner for eviction, recovery of arrears of rents and for damages; that petitioner entered appearance; that pending adjudication of the suit, respondent filed an application vide I.A.No.225 of 2020 under Order XV-A R/w. Section 151 of CPC, seeking direction to the petitioner to deposit Rs.2,40,500/- towards arrears of rent from March, 2018 to October, 2020 @ Rs.7,500/- per month and future rents to the credit of the suit, pending disposal and the petitioner filed the counter resisting the application. However, the trial Court vide impugned Order dated 03.09.2024, allowed the application directing the petitioner to pay arrears of rent of Rs.2,40,500/- @ Rs.7,500/- per month from March, 2018 to October, 2020 and a sum of Rs.3,45,000/- from November, 2020 to September, 2024 and further directed the petitioner to pay monthly rents from October, 2024 @ Rs.7,500/- per month till the disposal of the suit.

5. In the affidavit filed in support of the application under Order XV-A of CPC, it is averred that respondent is the owner of the suit schedule premises and the same was let out to the petitioner herein on monthly rent of Rs.5,000/- in the month of February, 2006, excluding water, electricity and maintenance charges and that petitioner has paid a sum of Rs.10,000/- towards interest free security deposit; that tenancy was oral and the rent has been enhanced from time to time and the present rent is Rs.7,500/-; that petitioner committed default in payment of monthly rents from March, 2018 to October, 2020, therefore, respondent issued legal notice on 06.10.2020, under Section

106 of T.P Act, terminating the tenancy; that petitioner received the notice and issued reply notice on 21.10.2020, disputing the payment of monthly rents and the amount of security deposit paid by him; that respondent got issued rejoinder notice dated 04.11.2020, denying the quantum of rents and also got issued corrigendum notice dated 19.11.2020.

6. Petitioner filed the counter affidavit resisting the said application and averred that he is the tenant of the suit premises on monthly rent of Rs.3,500/-, excluding electricity and maintenance charges and that he has paid Rs.15,000/- towards interest free refundable deposit and that agent of the respondent collected rents regularly including the rent for the month of September, 2020; that as the agent of the respondent refused to receive the rent for the month of October, 2020, he remitted the rent through Money Order and the same was refused and Money Orders sent subsequently were also refused intentionally and deliberately to make the petitioner as defaulted; and that as per the provisions of Section 8(1) to 8(5) of Telangana (Lease, Rent and Eviction) Control Act, 1960, petitioner has issued a notice to the respondent calling upon him to furnish the Bank Account Number and the name of the Bank to enable him to deposit the monthly rents, but the respondent refused to furnish the same and further denied the dues, arrears of rents and prayed to dismiss the application.

7. The trial Court on due consideration of pleadings and contentions put forth by both the parties, allowed the application vide impugned Order dated 03.09.2024, aggrieved by the same, present revision petition is