NAND KISHORE GANDHI Vs. R.A. RAMAKIRSHNAN

JUDGEMENT

(1.) RESPONDENT is the tenant of the petitioner in respect of Shop No. 3, Ground Floor bearing Municipal No. 5 -3 -40/41, Plot No. 7, Jeera Compound, Secunderabad. He filed suit, being O.S. No. 526 of 2012 against the petitioner for the relief of injunction, not to evict him except in accordance with the procedure prescribed under law. After entering appearance in the suit, the petitioner filed counter claim for eviction and for recovery of rents and arrears. He has also filed I.A. No. 39 of 2013 in O.S. No. 526 of 2012 under Order XV -A of C.P.C., with a prayer to direct the respondent to deposit a sum of Rs. 82,725/ - representing the arrears of rent and continue to pay the damages at the rate of Rs. 8,100/ - per month. He stated that the rents are not being paid for the past several years. The application was opposed by filing a counter affidavit. An objection was raised as to the very maintainability of the I.A. The trial Court, through order dated 4.9.2013, dismissed the I.A. Hence the present civil revision petition.

(2.) HEARD learned counsel for the petitioner and the learned counsel for the respondent.

(3.) THE trial Court took the view that the petition under Order XV -A of C.P.C. can be filed only in a suit, for eviction and not in a counter claim. Such a view is not correct. Whatever applies to suits, would equally apply for counter claims also. For all practical purposes, the counter claim is as good as an independent suit. Therefore, the rejection of the application, as not maintainable cannot be sustained in law.