THE HON’BLE SRI JUSTICE T. VINOD KUMAR C.R.P.No.3469 OF 2023

O R D E R

This Civil Revision Petition is filed aggrieved by the order, dt.21.09.2023 in IA.No.206 of 2022 in OS.No.417 of 2022 on the file of the I Additional Junior Civil Judge-cum-I Additional Metropolitan Magistrate at Kushaiguda, Medchal-Malkajgiri District.

2. The petitioner herein is the respondent in the underlying interlocutory application and defendant in the suit.

3. The respondent herein is the petitioner in the underlying interlocutory application and plaintiff in the suit filed seeking recovery of possession, arrears of rent and mesne profits.

4. The parties will hereinafter be referred to as per their position in the suit.

5. The case of the plaintiff in the suit is that he is the absolute owner of the property bearing House No.30-1049/43, Flat No.103, Sri Vani Nilayam, Laxmi Nagar Colony, Old Safilguda, Malkajgiri; that the aforesaid property was taken on rent by the defendant under an oral agreement, dt.10.07.2020, on a monthly rent of Rs.10,500/- and maintenance of Rs.800/- per month.

6. The plaintiff further contended that since, the defendant became default in payment of rent as well as maintenance amount, he got a legal notice, dt.16.05.2022, issued to the defendant demanding payment of the outstanding rental amount along with maintenance charges and also to handover vacant possession of the property.

7. The plaintiff further contended that though the defendant acknowledged the receipt of legal notice and also did not deny the factum of tenancy, however, denied of she being in arrears of rent.

8. It is the further case of the plaintiff that since, the defendant failed to pay the rents for a period of (08) months and also maintenance charges, she had filed the underlying interlocutory application under Order XV-A r/w Section 151 of CPC to direct the defendant to deposit a sum of Rs.90,400/-, which is an admitted amount of arrears of rent and maintenance charges.

9. On the plaintiff filing the underlying interlocutory application, the defendant had filed her counter denying the said claim and on the contrary, contended that she has been regularly paying rent amount to the plaintiff’s son account through Google Pay, and as such there are no admitted rents due and payable by the defendant to the plaintiff, as claimed.

10. Though the defendant while opposing the underlying interlocutory application filed by the plaintiff, while not disputing the factum of tenancy, however, had claimed of she regularly having paid the admitted rent along with maintenance by transferring the same to the petitioner’s son’s Google Pay account, and as such, she not being in default of payment of rent, it is to be noted that in the underlying application before the trial Court, the defendant except pleading to the above affect did not choose to adduce any evidence of not being in default in payment of rent from 01.11.2021 to 01.05.2022 after adjusting the advance amount of Rs.31,500/- towards rent for the months of 01.08.2021, 01.09.2021 and 01.10.2021. The Court below having regard to the provisions of order XVA of CPC as applicable in the State of Telangana and also taking note of the fact that even after taking one year for filing counter, the petitioner did not prove by adducing evidence that she is paying rents, had allowed the underlying application directing the defendant to deposit admitted arrears of rent in a sum of Rs.90,400/- within two (02) months from the date of the said order, and further directed to deposit the rents including maintenance @ Rs.11,300/- per month from 01.06.2022 to 01.09.2023 and from 01.10.2023 onwards in the Court on or before 10th day of every month.

11. It is to be noted that Order XVA of the CPC, was enacted with a view to ensure that a tenant who is in possession of the property does not enjoy the property to the detriment of the rightful owner.

12. In the facts of the present case, since, the defendant did not dispute the factum of tenancy and