NAKUL CHANDRA BISWAL Vs. BADARU SRINIVASA RAO

JUDGEMENT

(1.) The respondent herein had filed O.S.No.1086 of 2019, before the learned Principal Junior Judge, at Visakhapatnam for eviction of the petitioner from the suit schedule premises on the ground that the petitioner is a tenant of the respondent and that the petitioner had failed to pay rents. The respondent also moved I.A.No.353 of 2019, for deposit of arrears of rent and damages to an extent of Rs.12,45,000.00, on the ground that damages of Rs.30,000.00 per month, for unauthorized occupation, should be paid by the petitioner from 15/12/2015 till the date of filing of a petition, i.e., 7/8/2019.

(2.) This application was allowed on 18/10/2023. Aggrieved by the same, the petitioner has approached this Court, by way of C.R.P.No.447 of 2024, contending that there were no arrears of rent payable by him and that the damages claimed by the respondent are exorbitant and not payable. A learned Single Judge of this Court, by an order dtd. 25/4/2024, had allowed the Civil Revision Petition partly. The learned Single Judge took the view that, while the finding that the petitioner was liable to pay arrears of rent and future rent need not be disturbed, the fixation of rent @ Rs.30,000.00 per month requires to be gone into and set aside the same, with a direction to the Trial Court to conduct an enquiry and fix a reasonable amount as monthly rent for the schedule property. The learned Single Judge also directed the Trial Court to fix the arrears of rent and the future rent and directed the petitioner to deposit the same into the Court till the disposal of the suit.

(3.) The Trial Court, after consideration of the application, passed an award, dtd. 31/1/2025, fixing the provisional rent of Rs.20,000.00 with a direction to the petitioner herein to pay Rs.21,10,000.00 as arrears of rent from 16/4/2016 to 31/1/2025 and to continue to deposit the future rent @ Rs.20,000.00 per month.