KUMBHAM SRINIVAS REDDY Vs. P.V.B.SAI

JUDGEMENT

(1.) This Revision is filed assailing the order dtd. 30/7/2024 passed in IA.No.492 of 2022 in OS.No.588 of 2022 on the file of I Additional Junior Civil Judge, Ranga Reddy District at Rajendranagar, whereunder and whereby the application filed by the petitioners under Order XII Rule 6 CPC was dismissed.

(2.) Heard Sri C.V.Mohan Reddy, learned senior counsel appearing for Sri A.Muneendhar Reddy, learned counsel-on-record for petitioners, and Sri L.Venkateshwar Rao, learned counsel for respondents.

(3.) In nut-shell the facts of the case, shorn off unnecessary details, as averred by the petitioners in the plaint are that they are absolute owners of Villa No.15, Villa Greens, situated at Gandipet, Rajendranagar Mandal, Ranga Reddy District (hereinafter referred to as 'subject Villa') having purchased the same under registered sale deed bearing document No.7726 of 2022 dtd. 16/6/2022; that their predecessors-in-title leased the subject Villa to respondents for residential purpose under lease agreements dtd. 4/12/2013, 9/1/2016, 10/4/2018 and 7/12/2018, the last of which expired on 14/12/2019; and thereafter, the lease period was not extended, however, the respondents requested time upto March, 2022 to vacate the subject Villa, but they did not do so and further, they also defaulted in payment of monthly rents and maintenance charges and taking advantage of Covid-19 pandemic and on continued persuasion, the respondents gave an Undertaking dtd. 25/6/2020 promising to vacate the subject Villa shortly. However, the respondents without adhering to the said Undertaking, filed OS.No.179 of 2020 on the file of I Additional Junior Civil Judge, Ranga Reddy District at Rajendranagar and obtained injunction. 3.1. It was further averred that the predecessors-in-title of the petitioners got issued a legal notice dtd. 13/9/2021 calling upon the respondents to vacate the subject Villa, failing which, they are liable to pay damages @ Rs.1,00,000.00 per month, however, the said notice was returned with endorsement 'party absent continuously for seven days'; that the petitioners purchased the subject Villa on the assurances given by the respondents to their predecessors-in-title to vacate the subject Villa, however, the respondents did not vacate the subject Villa as per the Undertaking given by them and as such, the petitioners also got issued legal notice dtd. 8/8/2022 to the respondents to vacate and handover the subject Villa on or before 20/8/2022, failing which, the respondents shall be liable to pay damages @ Rs.1,00,000.00 per month from 1/10/2021; that the respondents got issued a reply notice dtd. 10/9/2022, to which, the petitioners have got issued a rejoinder notice dtd. 20/9/2022. It was further averred that since the possession of the subject Villa by the respondents became illegal and unauthorized, the petitioners filed OS.No.588 of 2022 seeking to evict the respondents and to put the petitioners in vacant possession of the subject Villa; to direct the respondents to pay damages @ Rs.1,00,000.00 per month from 1/10/2021 till the date of filing of the suit i.e., 30/9/2022, totalling to Rs.12,00,000.00, etc.