THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO CIVIL REVISION PETITION NO.1935 OF 2022 DATED: 27^th FEBRUARY 2026 Between:

1.Mohammed Saleem (died per LRs)

… Petitioner – Respondent And Abdul Aziz … Respondent - Appellant

ORDER

1. This memorandum of Civil Revision Petition is filed under Section 22 of the AP Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short, ‘the Act, 1960’) assailing the judgment passed by the learned Chief Judge, City Small Causes Court, Hyderabad in RCA.No.10 of 2021, dated 06.07.2022.

2. During pendency of the CRP sole petitioner died, his LRs are brought on record as petitioner Nos.2 to 4 as per orders in I.A.No.1 of 2025 dated 25.09.2025.

3. Petitioner No.1 is the petitioner and respondent is the respondent in R.C.No.243 of 2015.

4. Petitioner No.1 has filed petition under Section 10(2)(i) of the Act, 1960, seeking eviction of the respondent in respect of premises bearing Municipal No.19-3-262/50/36/A admeasuring 82.5 sq.yds consisting of two rooms, hall, drawing room, kitchen, bathroom and WC situated at Jahanuma, Hyderabad with boundaries as North: neighbour’s house No.19-3-262/50/35/A; South: neighbour’s House No.19-3-262/50/39/A; East: road; West:

neighbour’s house.

5. It is stated in the petition that the respondent had taken the petition schedule property from the petitioner on a monthly rent of Rs.3,000/- in the year 2005, he is a chronic willful defaulter. Petitioner has demanded the respondent to vacate the premises, thereby he vacated the same in the year 2009. Petitioner was in occupation of the schedule property up to 2013. Respondent has approached the petitioner once again, requested him to let out the petition schedule property on enhanced rent, he promised that he will pay the rents regularly and thereby the petitioner has again let out the petition schedule property to the respondent on 01.04.2013 on a monthly rent of Rs.3,500/- exclusive of water and electricity charges. Respondent has paid the rents till December 2014 at the rate of Rs.3,500/- per month and neglected to pay the same in spite of repeated requests by the petitioner. Petitioner used to issue receipts on plain papers whenever respondent paid the rents. Respondent is due an amount of Rs.31,500/- towards arrears of rent for the period from 01.01.2015 to 30.09.2015 for nine months at the rate of Rs.3,500/- per month. The son of the respondent by name Mohammed Khadeer has filed suit in O.S.No.1723 of 2015 for perpetual injunction on the file of the learned VIII Junior Civil Judge, City Civil Court, Hyderabad, and also filed ad interim injunction application vide I.A.No.287 of 2015 against the petitioner on false and baseless allegations alleging that Mohammed Khadeer is the tenant in the petition schedule property since 25 years and prayed to pass an order of eviction against the respondent.

6.1 Mohammed Khadeer, S/o. Abdul Aziz, GPA holder of the respondent has filed counter and denied the petition averments and contended that the respondent filed petition before the learned I Additional Rent Controller, City Small Causes Court, Hyderabad for deposit of rents as the petitioner has opposed to receive the rents and also filed another suit before the learned VIII Junior Civil Judge, City Civil Court, Hyderabad for perpetual injunction vide O.S.No.1723 of 2015, in the said suit he has filed application under Order XXXIX Rule 1 and 2 of CPC for injunction vide I.A.No.287 of 2015. Respondent is aged about 72 years and the house number mentioned in the petition is no way concerned with the respondent. The question of evicting the respondent from the premises in the year 2009 will not arise. The alleged house number is no way concerned to the respondent and the question of paying rents till 2014 will not arise.

6.2 The respondent is not liable to pay any amount towards arrears of rent from 01.01.2015 to 30.09.2015. The respondent and his family members stayed in the house for mor