SK. KHAJA RAHAMATHILLA Vs. KARIMBAI ANIL KUMAR

JUDGEMENT

(1.) The present Revision Petition is filed by the petitioner aggrieved by the orders dtd. 27/2/2023 in I.A.No.548 of 2022 In O.S.No.1113 of 2021, on the file of the Court of Principal Junior Civil Judge, Nellore.

(2.) The parties are referred to as they are arrayed in O.S.No.1113 of 2021.

(3.) The petitioners herein are the defendants in O.S.No.1113 of 2021. The respondent is the plaintiff, who filed the suit against the defendants for eviction and recovery of arrears of rent i.e., Rs.92,000.00 from July, 2020 to September, 2021 and to pay a some of Rs.10,000.00 per month for unauthorized use and occupation of the plaint schedule property from the date of filing of the suit till the date of vacating the same etc. The 1st defendant filed a written statement, inter alia, to the effect that the defendants are continuously paying the rents without any default as on date of 30/12/2020. It is also stated that the plaintiff-respondent offered to sell the plaint schedule property to the defendants, that an agreement of sale dtd. 31/12/2020 was executed by the plaintiff in favour of the defendants by taking an advance amount of Rs.5,50,000.00. As the plaintiff failed to execute the sale deed, a suit for specific performance of agreement of sale was filed before the Court of Senior Civil Judge at Nellore. In the written statement a plea was also taken that there is no landlord and tenant relationship in between the plaintiff and the defendants and that the suit is not maintainable.