THE HONOURABLE SRI JUSTICE P. SAM KOSHY Civil Revision Petition No.1903 of 2025

ORDER :

The instant Civil Revision Petition has been filed by the petitioners under Article 227 of the Constitution of India assailing the order dated 20.03.2025 in Interlocutory Application No.1031 of 2024 in O.S.No.164 of 2024 passed by the XI Junior Civil Judge, City Civil Court, at Secunderabad, (for short, the ‘impugned order’)

2. Heard Mr.Vinod Singh, learned counsel for the petitioners; and Mr.K. Venumadhav, learned counsel for the sole respondent.

3. Vide the impugned order, the Trial Court dismissed the above I.A. which was filed by the petitioners herein under Order XV-A of Civil Procedure Code, 1908 praying the Trial Court to direct the respondent to pay arrears of rent from November, 2021 to January, 2023, i.e., Rs.70,000/- and also future rents.

4. The petitioners have filed the above I.A. in a counter- claim that was filed by the petitioners whereby the stand taken by the petitioners was that the respondent / plaintiff admittedly was a tenant in the suit schedule premises and he had been paying rents up till November, 2023 to the petitioners; thereafter, the respondent / plaintiff stopped paying rents in spite of instructions from petitioner No.1 and thereby the respondent / plaintiff committed default in payment of rents for 8 months and also failed to pay enhanced rent as per the lease deed.

5. However, perusal of the pleadings would go to show that the above contention of the petitioners has been categorically denied by the respondent / plaintiff, and on the basis of such denial the Trial Court reached to the conclusion that as of now the aspect of jural relationship itself is in dispute; and therefore, the application under Order XV-A of Civil Procedure Code, 1908 could not have been allowed.

6. Given the said facts and circumstances of the case, more particularly, the view taken by the Trial Court particularly taking into consideration the denial of respondent / plaintiff as regards jural relationship, this Court is of the opinion that no strong case had been made out by learned counsel for the petitioners to interfere with the impugned order as there is sufficient evidence to establish the respective stands taken by the respective parties so far as their rights over the suit schedule property is concerned.

7. In view of the same, this Court is not inclined to interfere with the order passed by the Trial Court. Therefore, the Civil Revision Petition being devoid of merit deserves to be and is accordingly dismissed. However, considering the aforesaid factual matrix of the case, the Trial Court is directed to ensure that the above suit is taken up on priority basis and concluded at the earliest.

No costs.

8. As a sequel, miscellaneous applications pending if any in these Revisions, shall stand closed.

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P. SAM KOSHY, J Date : 17.10.2025 Ndr