CHAITANYA LANKA Vs. SURESH KUMAR GUPTA

JUDGEMENT

(1.) THIS revision under Article 227 of the Constitution of India is filed against the order dated 21.10.2013 passed by the Court of II Additional Chief Judge, City Civil Courts, Hyderabad, in I.A.No.2181 of 2012 in O.S.No.734 of 2011. The petitioners are the defendants in the suit.

(2.) THE respondents filed the suit against the petitioners for the relief of eviction of the petitioners from the suit schedule premises admeasuring 3000 square feet in Himayatnagar locality of Hyderabad. It was pleaded that the respondents are the joint owners of the premises of a building known as Papalal Chambers and that the petitioners have taken the suit schedule premises comprising of the first floor on lease for establishing a Bar and Restaurant with effect from 01.04.2010 on a rent of Rs.1,50,000/ - per month. It was also mentioned that the petitioners agreed to pay the rents on or before 5th of every month to the respondents in accordance with their shares. According to the respondents, the petitioners were irregular in payment of rents and a notice dated 16.04.2011 was issued demanding the arrears of rent of Rs.18,00,000/ - together with interest. Reference was made to a reply dated 26.05.2011 issued by the petitioners. Ultimately, they prayed for eviction as well as for recovery of arrears of Rs.29,89,650/ - upto the date of filing of the suit.

(3.) THE I.A. was opposed by the petitioners by filing a counter -affidavit. The existence of relationship of lessors and lessees, between the parties was not disputed. However, they disputed the date of commencement of the lease. It was stated that the respondents agreed to execute a lease deed in respect of the premises for a period of nine years and that they have failed to do so. The petitioners further stated that they spent a sum of Rs.75,00,000/ - towards renovation of the premises for establishing a Bar and Restaurant and paid Rs.9,00,000/ - to M/s.Platinum Constructions. The total investment is said to be Rs.1,38,00,000/ - on the assurance that the lease would be for a period of nine years.