TASTE HOTELS P LTD Vs. MEDISETTY JAYASRI

JUDGEMENT

(1.) The Petitioner is the sole Defendant in O.S. No. 4 of 2008. The Respondents are the owners of commercial premises situated in Ongole Town. They leased the same to the Petitioner for establishment of a Hotel. A lease deed was executed on 13.11.2006. Salient features of the lease are that the lease shall be for a period of 20 years, on a monthly rent of Rs. 50,000/-, with periodical revisions. The deed contains clauses, which provides for termination of lease, in the event of default in payment of rents, for certain months consecutively.

(2.) The Respondents filed the suit initially in the Court of Additional Senior Civil Judge, Ongole, for eviction of the Petitioner. It was alleged that the lease stood terminated, on account of the default committed by the Petitioner. They filed I.A. No. 42 of 2008 under Order XVA Code of Civil Procedure, with a prayer to direct the Petitioner to deposit the rents together with the arrears that have accumulated to the tune of Rs. 2,55,000/-. The learned Additional Senior Civil Judge, passed an order on 26.06.2009, directing the Petitioner to pay a sum of Rs. 10,50,000/- as arrears, and placing it under the obligation to pay the rents regularly. The Petitioner filed I.A. No. 1105 of 2009 under Section 145 Code of Civil Procedure with a prayer to extend the time stipulated for payment of arrears till 31.08.2009. Time was extended and the amount was deposited, within the extended time.

(3.) The Respondents filed I.A. No. 1380 of 2009 with a prayer to strike off the defense, on the ground that an amount of Rs. 10,37,480/- was deposited on 31.08.2009 without notice to them, and they have withdrawn the amount without prejudice to their rights. Certain subsidiary contentions were also advanced.