MOHAMMAD AFZAL Vs. COMMON WEALTH HOTEL

JUDGEMENT

(1.) Heard both the counsel and they agreed that the C.R.P. itself can be disposed of finally.

(2.) Plaintiff is the Revision Petitioner. Revision was preferred against the order of the learned IV Additional Judge, City Civil Court, Hyderabad dismissing I.A. 1077/88 in O.S.NO. 1426/87. The application was filed under Section 151 C.P.C. seeking a direction to the respondent to deposit the entire arrears of rent and also to continue to deposit every month. The application was filed on the ground that the defendant is the tenant and that the plaintiffs are its landlords. It is stated that the rent payable by the tenant is Rs. 10.000/- per month and that the respondent is enjoying property without paying a single paise towards rent and the arrears of rent accrued as on the date of filing of application was more than Rs. 2.00 lakhs and therefore the application was filed for the reliefs mentioned above. The main suit itself is for recovery of possession of the demised property.

(3.) The respondent resisted the application on the ground that it is not maintainable under law and that on the pretext of attachment, the plaintiff got the entire premises closed and sealed and thereby denying the opportunity to the tenant to enjoy the premises as a lessee and possessor and therefore there is a suspension of payment of rent and he is hot liable to pay any rent