TANMAI JEWELS PVT LTD Vs. SREESAILA KUMARI

JUDGEMENT

(1.) The appeal and the revision are between the same parties and the subject-matter is common. Hence, they are disposed of through a common judgment. The 1st respondent is the owner of a commercial premises, bearing No. 15-24-216 of KPHB Colony, Kukatpally, Hyderabad-72, comprising of ground and first floors. The 1st appellant is a Private Limited Company and the 2nd appellant is its Managing Director. The 1st respondent gave the premises on lease to the appellants. A lease deed, dated 12.06.2010, was executed and registered. Salient among the terms are that the lease would be in force for a period of 9 years, and the rent would be Rs. 3,41,500/-, per month, with periodical variation. The lease commenced and the appellants are said to have established a Jewellery shop, with necessary infrastructure.

(2.) The 1st respondent filed O.S. No. 428 of 2011 in the Court of Principal District Judge, Ranga Reddy District, at L.B. Nagar, Hyderabad, with a prayer to direct the appellants to vacate the premises and to handover the possession thereof, to her. It was pleaded that the appellants committed default in payment of rent, and on account of nonpayment, she was finding it difficult to repay the loan of Rs. 1,53,61,500/-, obtained by her from Indiabulls Housing Finance Limited. It was also mentioned that the 1st respondent intends to start her own business in the premises. In the paragraph relating to cause of action, mention was made to "termination notice, dated 06.04.2011". The 1st respondent has also field I.A. No. 2204 of 2011 under Section 151 C.P.C., with a payer to direct the appellants to deposit the rents.

(3.) The appellants filed caveat in the trial Court. Hence, they got notice of filing of the suit and the I.A. They filed counter in I.A. No. 2204 of 2011.