WAHEED BIN MOHAMMED Vs. NIAZUNNISA BEGUM

JUDGEMENT

(1.) The instant revision petition is directed against the order dated 1-7-2005 passed by the learned Principal Junior Civil Judge, Karimnagar, in LA. No.989 of 2005 in O.S. No.361 of 2003.

(2.) The unsuccessful petitioner is the revision petitioner herein and he is the defendant in the suit O.S. No.361 of 2003 filed by the respondent herein seeking the relief of eviction of the defendant from the suit schedule shop No. 15, for recovery of an amount of Rs. 16,000/- as arrears of rent and for profits at Rs.4,000/- per month with effect from 1-7-2003 by way of damages for unlawful use and occupation by the defendant. While the suit was pending adjudication before the trial Court, the defendant filed LA. No.989 of 2005 requesting the Court to return the plaint. That application having been resisted by the plaintiff and after having heard on either side, under the impugned order, came to be dismissed. The revision petitioner is, therefore, seeking to assail the same.

(3.) The suit O.S. No.361 of 2003 was filed by the plaintiff on the premise that she was the landlord of the demised premises and the defendant was the tenant she having let out the premises to him on a monthly rent of Rs. 1,600/- with effect from 1-12-2000 and the defendant since September, 2002 continuously committed default in paying the rents; and that the defendant filed a suit in O.S. No. 102 of 2003 against the plaintiff with false allegations and obtained a temporary injunction so as to remain in possession of the property without paying any rents and, therefore, the plaintiff got a notice of termination issued terminating the tenancy with effect from 30-6-2003 and then filed the present suit for eviction, for recovery of arrears of rent and for profits.