SYED AMER Vs. HABEEB KHAN

JUDGEMENT

(1.) These three revisions are filed by the sole defendant in O.S.No.1000 of 2009 on the file of the I Senior Civil Judge, City Civil Court, Hyderabad. The respondent is the sole plaintiff. The suit was filed by the respondent for eviction of the petitioner from the suit schedule premises. It was pleaded that the respondent is the owner of flat No.201, 1st floor of the building known as 'Majestic Heights' at King Koti, Hyderabad and that the same was given on lease to the petitioner on monthly rent of Rs.13,050.00, through agreement, dtd. 18/7/2007, for a period of 11 months. He alleged that the petitioner tried to sub-lease the flat to others and that he failed to pay the rents for the premises. It is also alleged that the petitioner filed O.S.No.241 of 2009 before the same Court against the respondent for the relief of perpetual injunction with baseless allegations.

(2.) The respondent filed I.A.No.1324 of 2010 in O.S.No.1000 of 2009 under Order 15-A C.P.C. with a prayer to direct the petitioner to deposit the arrears of rent, amounting to Rs.2,61,000.00 and to continue to pay the rents regularly. The contents of the plaint were almost repeated. The I.A. was opposed by the petitioner by filing a counter. He admitted that he took the premises on lease for a monthly rent of Rs.13,050.00.

(3.) According to him, the premises was not in habitable condition and extensive repairs had to be made by incurring expenditure of Rs.6,50,000.00. He further alleged that a sum of Rs.6,50,000.00 was paid as advance to the respondent and the interest that has accrued thereon is more than sufficient to meet the rents. The trial Court allowed the I.A., through order, dtd. 24/12/2012, directing the petitioner to pay the arrears of rent of Rs.6,26,400.00 from January 2009 to December 2012, within 15 days and continue to pay the rents at the rate of Rs.13,050.00 regularly. C.R.P.No.1324 of 2013 is filed against the said order.