THE HON’BLE SRI JUSTICE T. VINOD KUMAR Civil Revision Petition No.2352 of 2022

ORDER

This Civil Revision Petition under Article 227 of the Constitution of India is filed against the order dt.30.03.2022 in I.A.No.1316 of 2020 in O.S.No.165 of 2020 on the file of the Court of the XV Additional District and Sessions Judge-cum-II Additional Family Judge, Ranga Reddy District at Kukatpally.

2. The petitioners in the present Civil Revision Petition are respondents in the underlying interlocutory application and defendants in the subject suit.

3. Respondents 1 and 2 herein, being owners of the suit schedule property, had filed the subject suit against the petitioners/defendants for recovery of rents and damages, wherein the underlying interlocutory application is filed under Order XXXIX Rules 1 and 2 CPC.

4. Briefly stated, the case of the petitioners is that they had entered into lease agreement with respondents 1 and 2 herein- owners – landlords of premises bearing Municipal No.3-77 (New No.6-3-77), situated at Balanagar X Roads, Balanagar, Ranga Reddy District (now Medchal- Malkajgiri District), comprising of stilt, ground, first, second and third floors by entering into a registered lease deed executed on 06.02.2003 for a period of ten years with effect from 05.09.2002; that the initial monthly rent was a sum of Rs.1,04,836/-; and that the aforesaid lease deed provided for option of renewal of the lease tenure for a further period of two terms not exceeding five years each, on the same terms and conditions with an increase of 25% of the then existing rent at the end of each of the 5^th year.

5. It is the further case of the petitioners that, on expiry of the first lease tenure of 10 years, the lease was renewed for a further period of five years and thereafter, once again for another period of five years with effect from 05.09.2017 to 04.09.2022, vide registered lease deed dt.20.09.2018; that pursuant to the second renewal of lease terms, the petitioners were paying monthly rent at Rs.3,20,335/-; and that the petitioners intending to vacate the subject premises had issued a notice dt.28.07.2020 terminating the lease with effect from 30.09.2020.

6. Petitioners further contend that, on their exercising the right conferred under the lease deed to terminate the lease before expiry of the lease period, the lease amounts payable for the notice period would be adjusted from the advance rent paid and the difference amount of rent payable, if any, would be credited to the respondents’-owners’ account; that on issuance of the aforesaid notice of termination, the petitioners had handed over the subject premises to the authorized person of the respondents-owners, and as such, the respondents-owners could not have filed the subject suit, vide O.S.No.165 of 2020 for the relief of declaring the petitioners to be continuing tenants till 05.09.2022 i.e. up to the expiry of the lease tenure under the renewal deed dt.20.09.2018, with a consequential direction to the petitioners to pay monthly rents to the respondents-owners.

7. It is the further case of the petitioners that, they having delivered back the possession of the suit schedule premises to the respondents- owners, the underlying interim application under Order XXXIX Rules 1 and 2 CPC is not maintainable against the petitioners herein; that the Court below without considering the matter in correct perspective passed the impugned order dt.30.03.2022, whereby the petitioners herein, in particular the 3^rd petitioner herein was directed to remit the arrears of rent with effect from July, 2020 to November, 2020, amounting to Rs.16,01,675/- and monthly rent @ Rs.3,20,335/- with effect from December, 2020 onwards to the loan account of the respondents-owners maintained with the 5^th respondent bank therein, on or before 5^th day of every month from 05.12.2020 till the possession of the leased premises is delivered to the respondents-owners legally.

8. Petitioners further contend that, the Court below ought