IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Renuka Yara, J
K. Vanaja – Appellant
Versus
Nagaboina Ayamma – Respondent
C.R.P.No.3070 of 2024 | C.R.P.No.865 of 2025
| Table of Content |
|---|
| 1. summary of procedural history and factual background of the rental dispute. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. parties' contentions regarding the trial court's rent deposit orders and the impact of contempt proceedings. (Para 8 , 9 , 10) |
| 3. binding nature of written rental agreements and finality of uncontested interlocutory orders. (Para 11 , 12 , 13) |
| 4. final order disposing of the consolidated revision petitions. (Para 14) |
COMMON ORDER:
Heard Sri G. Allabakash, learned counsel for the petitioners in C.R.P.No.3070 of 2024 and respondents in C.R.P.No.865 of 2025 and Sri Baglekar Akash Kumar, learned counsel for the petitioners in C.R.P.No.865 of 2025 and respondents in C.R.P.No.3070 of 2024.
Perused the record.
2. The C.R.P.No.3070 of 2024 is preferred by the petitioners/defendants aggrieved by the order passed by the learned I Additional Junior Civil Judge at Miryalguda in I.A.No.251 of 2023 in O.S. No.152 of 2023, dated 04.12.2023.
3. The C.R.P.No.865 of 2025 is filed by the petitioners/ plaintiffs aggrieved by the Docket Order dated 26.12.2024 in O.S.No.152 of 2023, on the file of the learned I Additional Junior Civil Judge at Miryalguda and sought consequent direction to the respondents/defendants to deposit monthly rent of Rs.42,000/- from January, 2024 and thereafter Rs.47,000/- from the month of February, 2024 till the disposal of the suit.
4. Since both the CRPs are related to orders passed by the learned Trial Court in I.A.No.251 of 2023 in O.S.No.152 of 2023, both the CRPs are heard together and disposed of by way of this common order.
5. For the sake of convenience, the parties are referred as they are referred in the suit i.e., petitioners in C.R.P.No.3070 of 2024 are referred as defendants and petitioners in C.R.P.No.865 of 2025 are referred as plaintiffs.
6. The background facts of the case are that the plaintiffs are the absolute owners of property bearing Door No.20-152, total admeasuring 219 1/3 Sq.Yds., constructed in 183.36 Sq.Yds., situated at Church Road, Veraiah Yadav Complex, Miryalaguda, Nalgonda District. Said property consists of a RCC structure with three floors. The defendants approached the plaintiffs for renting the premises and entered into Rental Agreement dated 01.02.2021 for a period of 4 years commencing from 12.02.2021 to 11.02.2025. As per said Rental Agreement, the rent for the year 2021 to 2022 was Rs.32,000/- per month, for the year 2022 to 2023 was Rs.37,000/- per month and for the year 2023-2024 was Rs.42,000/- per month and thereafter, Rs.47,000/- per month payable on or before 10th of every month. The defendants started defaulting in payment of rent from February, 2022 leading to filing of the suit in O.S.No.152 of 2023 for eviction and recovery of arrears of rent. In said suit, the plaintiffs have filed I.A.No.251 of 2023 under Order XV-A of CPC seeking payment of arrears of rent to a tune of Rs.7,82,000/-. Said Interlocutory Application was disposed of vide order dated 04.12.2023 directing the defendants to deposit an amount of Rs.9,06,000/- within 14 days from the date of the order. While so, the defendants did not pay the said deposit leading to filing of Contempt Case No.1369 of 2024 before this Court. Said Contempt Case was disposed of vide order dated 20.09.2024 directing the defendants to pay the arrears of rent i.e. Rs.9,06,000/- within a period of 3 days from the date of order, failing which, the defendants were to be sent to civil imprisonment for 15 days with fine payable for Rs.2,000/-. Thereafter, the defendants preferred Contempt Appeal bearing C.A.No.15 of 2024 before the Division Bench. The Division Bench vide order dated 26.09.2024 directed the defendants to deposit an amount of Rs. 5,00,000/- on or before 15.10.2024 and continue to deposit the monthly rent in the court, the operation of the impugned order insofar as it relates to imprisonment has been stayed and the learned Trial Court was at liberty to deal with the prayer for striking of defence of
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