PACHIPULUSU SURESH Vs. C. CHANDRAMMA

JUDGEMENT

(1.) Heard Mr.D.A.Prem Chand, learned counsel for the revision petitioner and Mr.K.Raghuveer Reddy, learned counsel for the respondent Nos.1 and 2.

(2.) Respondent Nos.1 and 2 are the plaintiffs in O.S.No.210 of 2020 pending on the file of Chief Judge, City Civil Court at Hyderabad, in which petitioner is defendant No.2. The suit has been instituted for eviction of the defendants and for recovery of arrears of rent etc. Respondent Nos.1 and 2 i.e. plaintiffs filed an interlocutory application under Order XVA Rule 1 of the Code of Civil Procedure, 1908 (CPC) for a direction to respondent No.1 i.e. respondent No.3 herein to deposit monthly rent from March to September, 2020 and thereafter on regular basis. The said interlocutory application was registered as I.A.No.2381 of 2020. By the order dtd. 7/3/2022, learned Court below directed that respondent No.2 (petitioner herein) should pay admitted arrear monthly rent of Rs.7,29,250.0000 with property tax of Rs.21,500.0000.

(3.) Learned counsel for the petitioner submits that in the interlocutory application the prayer made by the plaintiffs was for a direction to respondent No.1 (respondent No.3 herein) to deposit arrear rents from March to September, 2020 and thereafter to pay monthly rent on regular basis with Rs.21,500.0000 as property tax. No relief was sought for against respondent No.2; therefore, learned Court below was not justified in directing respondent No.2 to pay the monthly rent.