DVKAV PRASAD RAO Vs. BHUTHANADHU MURALI DHORA

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the order passed in I.A.No.102 of 2023 in O.S.No.1002 of 2022, by the II Additional Senior Civil Judge, Medchal - Malkajgiri District at Malkagiri, dtd. 18/8/2023.

(2.) Petitioner is the plaintiff and respondent is the defendant in the suit. Petitioner has filed I.A.No.102 of 2023 in O.S.No.1002 of 2022 under Order XV(A) of the Code of Civil Procedure, 1908, to direct the respondent - defendant to pay arrears of rent of Rs.55,30,000.00 from 1/4/2016 to 30/11/2022 at the rate of Rs.70,000.00 per month and future rents.

(3.) Learned counsel for the petitioner submits that the respondent has requested the petitioner that he intended to start business in the name and style of M/s. Green Mint India Agree Tech Private Limited and requested to let out the suit schedule property viz., all that plot bearing No.66, 67, 68 and 69 in Survey NO.229 to 246, admeasuring 1200 sq.yard, consisting of Godown and shed etc situated at B.N.Reddy Nagar, Charlapally, R.R.District., bounded by : North : Neighbours Plot; South : Road; East : Road; and West : Neighbours Plot. Accordingly, the suit schedule property is let out to the respondent on 1/6/2013 on monthly rent of Rs.70,000.00 per month. Later on 17/8/2013, the revision petitioner has executed lease deed on the request of the respondent, which shows that the respondent is the proprietor of M/s. Artpak Solutions and there is no document to show that respondent is running business in the name and style of M/s. Green Mint India Agree Tech Private Limited. The Court below failed to see that Ex.P6 is the lease deed dtd. 17/8/2013, which is submitted by the respondent before the Southern Power Distribution Company of T.S. Limited, to obtain electricity connection to the suit schedule property. As per the lease deed dtd. 17/8/2013, the monthly rent is Rs.40,000.00 and the Court below ought to have ordered to pay Rs.40,000.00 at least in I.A.No.102 of 2023. The Trial Court failed to see that the respondent did not file any document to show that he is running M/s. Green Mint India Agree Tech Private Limited in the suit schedule property and wrongly came to a conclusion that the petitioner failed to implead the said company as defendant in the suit and the petitioner is not entitled for any rents at any stage.