PRAKASH ARTS Vs. MOHAMMED RAFIUDDIN

JUDGEMENT

(1.) The respondent is the owner of an extent of Acs.4.03 guntas of land in survey No. 181 of Shamshabad Village and Mandal, abutting the National Highway. The petitioner is an advertising agency. It approached the respondent to grant licence for erection of unipole hording on his land. Both of them, agreed for terms of licence, and through agreement, dated 11.03.2008, the consideration was agreed to be Rs. 19 lakhs per annum payable in monthly instalments, after deducting the income tax at source. Enhancement thereof is provided at 5%, per annum.

(2.) Disputes arose between the parties. The petitioner issued a notice, dated 10.04.2009, terminating the licence, on the ground that the visibility of the hording is seriously hampered.

(3.) The respondent filed O.S. No. 313 of 2009 in the Court of IV Additional District Judge, Ranga Reddy District, for declaration that the termination of the lease by the petitioner is untenable and for consequential benefit, such as, recovery of arrears of rents. He has also filed I.A. No. 3532 of 2009, which has since been renumbered as I.A. No. 212 of 2010, under Order XVA C.P.C., for a direction to the petitioner to deposit admitted arrears of licence fee and to pay the licence fee in future, according to the terms of agreement. A prayer was also made to the effect that, in case the petitioner commits default in payment of the amount, his defence may be struck off. The petitioner opposed the I.A. It raised an objection, as to the very maintainability of the I.A. Through its order, dated 13.04.2010, the trial Court allowed the I.A. Hence, this revision.