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2026 Supreme(Online)(Tel) 6591

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE P.SAM KOSHY
T.Shiv Kumar – Appellant
Versus
B.Vijaya – Respondent
CRP 4732/2025



IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE P.SAM KOSHY Civil Revision Petition No.4732 of 2025 Date: 20.02.2026 Between:

T.Shiva Kumar …Petitioner AND B.Vijaya & others. …Respondents

ORDER

(per Hon’ble Sri Justice P.Sam Koshy)

The present is the Civil Revision Petition which has been filed assailing the order dated 22.10.2025 passed in I.A.No.233 of

2024 in O.S.No.1114 of 2024.

2. Vide the impugned order, the trial Court has allowed the Order 15A, Rule 1 and 2 petition filed by the plaintiff – Landlord against the petitioner. The suit is one seeking eviction and also recovery of arrears of rent along with damages and future rent. The Court has allowed the 15A petition directing the petitioner to deposit arrears of rent of Rs.1,17,000/- within 60 days and also directed the petitioner to pay future rent of Rs.9,000/- per month to the petitioners to be paid on or before 10th of every succeeding month.

3. Learned counsel for the petitioner submits that the impugned order is erroneous for the reason that there was an oral agreement between the parties and as per plaint itself, the agreed rent was Rs.4,500/- which is agreed to be paid from the year 2000 and since then petitioner was paying rent regularly as such there was no default and finding of the trial Court was erroneous.

4. However, on the perusal of the record and after taking into consideration the submissions of learned counsel, it was informed that there is no documentary proof available for the petitioner to establish the fact that the petitioner has paid the monthly rent as agreed upon. In the absence of any cogent and tangible records to establish payment of rent, the order passed by the trial Court so far as payment of arrears of rent does not warrant interference. However, this Court only relaxes the time granted by the trial Court which was 60 days as on 22.10.2025 which till date has not been complied. Today, since this Court is disposing of the Civil Revision Petition, let the arrears of rent be further deposited by the petitioner within a period of 45 days and if the petitioner fails to deposit within 45 days, the order passed by this Court in this instant Civil Revision Petition would lose its efficacy so far as future rent is concerned.

5. Since, there is dispute raised on agreed rent to be paid of Rs.4,500/-, though this Court is not interfering with the order of trial Court so far as payment of future rent at Rs.9,000/-, considering long lapse of time from the date the amount of Rs.4,500/- was agreed, let the said amount of Rs.9,000/- be quantified by the trial Court and the amount so paid every month be deposited in the concerned Court seized of the matter. However, the respondent/plaintiff be entitled for the withdrawal of the said amount only to the extent of Rs.4,500/- as agreed upon in the plaint to be the agreed monthly rent. The fate of the remaining portion of the amount which would stand deposited before the trial Court would be finally decided at the time of finalization of the suit itself.

6. With the aforesaid observations, this Civil Revision Petition is disposed of.

Consequently, miscellaneous petitions pending, if any, shall stand closed.

__________________

P.SAM KOSHY, J

20.02.2026 mrm

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