SRINIVAS BOTTLE TRADING CO Vs. YEGENDER KUMAR PATEL

JUDGEMENT

(1.) This revision has been directed against the judgment and decree dtd. 17/12/2013 in R.A.No.30 of 2012 on the file of the Additional Chief Judge, City Small Causes Court, Hyderabad (lower appellate Court), whereunder the appeal filed by the tenant was dismissed confirming the order of the III Additional Rent Controller, City Small Causes Court, Hyderabad, (trial Court) in R.C.No.94 of 2009, dtd. 11/11/2011, whereunder fair rent was fixed and 10% increase on fair rent for every two years was granted.

(2.) The petitioner herein is the tenant and the respondent herein is the landlord. For the sake of convenience, the parties are hereinafter referred to as the tenant and the landlord, respectively.

(3.) The landlord has filed R.C.No.94 of 2009 before the trial Court for fixation of fair rent of Rs.10,000.00 per month in respect of mulgi bearing No.15/1/664/8, admeasuring 10 x 18 feet (180 sft.), situated at Goshamahal, Hyderabad. The facts disclose that originally lease was commenced from 8/4/1985 with monthly rent of Rs.500.00 excluding the municipal taxes and electricity consumption charges. Subsequently, the rent was increased to Rs.800.00 per month apart from paying Rs.400.00 per month towards maintenance charges. Earlier also, the landlord has filed R.C.No.80 of 2003 against the tenant before the trial Court and the same was dismissed, after contest, on the ground that the trial Court had no jurisdiction to try the case, since the rent payable was Rs.1,200.00 per month. Challenging the same, the tenant filed R.A.No.206 of 2005 and the same was also dismissed confirming the order of the trial Court. As no revision was preferred against the said judgment, it has become final.