MOHD SHAMIM UL HAQ Vs. MOHD KHAJA MOINUDDIN

JUDGEMENT

(1.) This CRP is filed under Section 22 of the A.P. Buildings, (Lease, Rent and Eviction) Control Act, 1960, (hereinafter referred to as "the Act").

(2.) The respondent is the owner in respect of residential premises bearing No.16-9-830, Old Malakpet, Hyderabad. The same was let out to the petitioner in October, 1997 on a monthly rent of Rs.600/-. The respondent filed R.C.No.32 of 1999 before the III Additional Rent Controller, Hyderabad, seeking eviction of the petitioner on several grounds. The R.C. was allowed and the petitioner was directed to vacate the premises. Aggrieved thereby, the petitioner filed R.A. No.455 of 2000 in the Court of Chief-Judge, City Small Causes Court, Hyderabad, under Section 20 of the Act.

(3.) In that appeal, the respondent filed LA. No.800 of 2001 under Section 11(1) and (4) of the Act, read with Section 151 C.P.C., for a direction to the petitioner herein to deposit a sum of Rs.23,400/-, being arrears of rent from April 1998 to June 2001 (39 months). The petitioner pleaded that he made certain payments; incurred certain expenditure for restoration of power supply and for undertaking repairs to the premises. It was his case that, if those amounts are taken into account, there is no necessity for him to pay any rents, and on the other hand, excess amount is with the respondent. On a consideration of the contentions of the parties, the Appellate Authority passed an order dated 24-1-2003, directing the petitioner herein to pay a sum of Rs.31,800/-, which became due by that date, on or before 27-2-2003. A further direction was issued to the petitioner to deposit the rents, in future, by the 10th day of every month. The respondent was permitted to withdraw 75% of the deposited amount, without furnishing security.