SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Tel) 16345

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



Advocates:
For the Appellants/Petitioners: G. Allabakash
For the Respondents: Baglekar Akash Kumar

When parties have entered into an unambiguous written Rental Agreement, a trial court is empowered under Order XV-A of the CPC to direct the defendant to deposit pending and future monthly rents, and such orders remain binding unless explicitly set aside or stayed in subsequent judicial proceedings.

Headnote:(A) Code of Civil Procedure, 1908 - Order XV-A - Court’s power to direct deposit of rent - Where a Rental Agreement exists, the Trial Court is justified in directing the defendant to deposit arrears and ongoing monthly rent as per the contractual terms.

(B) Appellate Jurisdiction - Civil Revision - Scope - Court sitting in revision will not interfere with a trial court’s order that is based on the clear, unambiguous terms of a written contract.

(C) Contempt of Court - Modification of order - A court’s order in contempt proceedings regarding arrears does not automatically stay or review the underlying trial court order for ongoing monthly rent payments.

Facts of the case:
The plaintiffs leased property to the defendants under a Rental Agreement dated 01.02.2021. Upon default in rent payment, the plaintiffs filed a suit for eviction and recovery of arrears. The trial court ordered the defendants to deposit a specific sum as arrears and ongoing monthly rents. The defendants failed to comply, leading to contempt proceedings before the High Court, where only the quantum of arrears was modified and the sentence stayed.

Findings of Court:
The High Court held that the trial court's order for deposit of monthly rent remained in effect as it was not challenged or stayed during the contempt appeal. The defendants cannot challenge the clear terms of a written Rental Agreement after having failed to do so in earlier proceedings.

Issues: Whether the defendants are liable to continue paying monthly rent as ordered despite contempt proceedings and whether the trial court can review its own prior interlocutory order.

Ratio Decidendi: The terms of an unambiguous written Rental Agreement are binding, and a trial court's order directing the deposit of rent under Order XV-A of the CPC is not automatically set aside by partial modifications made in separate contempt proceedings.

Result: C.R.P. No. 865 of 2025 partly allowed; C.R.P. No. 3070 of 2024 dismissed.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top