NAJAMUDDIN KAZI Vs. MOHD ABDUL AZIZ

JUDGEMENT

(1.) Heard Sri Narayan Laxman Rao, the learned counsel for petitioner/defendant and Sri M.A.K. Mukheed, the learned counsel for respondent/plaintiff. The point in this defendant's revision is whether an order passed by the trial court under Order XV-A (A.P. Amendment) of the Code of Civil Procedure, 1908, treating him as the tenant of the plaintiff in a suit for eviction and directing him to deposit arrears of rents and future rents can be said to be valid and proper.

(2.) The point arises in the following circumstances. Herein afterwards, the parties shall be referred to as they are arrayed in the suit. The suit O.S. No. 2386 of 2010 on the file of the court of I Senior Civil Judge, City Civil Court, Hyderabad (trial court) was filed for eviction and for recovery of arrears of rent and mesne profits on the plea that the defendant is tenant of the plaintiff in the suit property (a flat) and he committed default in payment of rents and on other grounds.

(3.) It is the case of the plaintiff that he purchased the suit property under the registered sale deed dated 24.11.2006 from its previous owners Rishi Swaroop and Kunal Swaroop. He also says that by the date of his purchase the defendant was already a tenant in the suit property under the previous owners and that after he purchased it he became the owner of the property by operation of law and the defendant became his tenant. The grounds of eviction are mentioned in the plaint and it is not necessary to go into the same here.