THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.5790 of 2009 ORDER: In this Civil Revision Petition, the petitioner is the plaintiff in O.S.No.892 of 2009 filed in the Court of I Additional Junior Civil Judge, Tirupathi, Chittoor District, for grant of perpetual injunction restraining the defendant from interfering with the peaceful possession and enjoyment of the plaint schedule property. It is the case of the petitioner that he is the tenant and the respondent/defendant is the landlord; that the rent was increased from time to time from Rs.1,250/- to Rs.2,500/- and that in the month of June, 2009, the respondent demanded for payment of rent @ Rs.4,500/- per month and made an attempt to dispossess him and therefore, he filed the above said suit. Further, pending disposal of the suit, he filed I.A.No.622 of 2009 seeking permission to deposit the rent @ Rs.2,500/- per month. It is the case of the respondent that the present rent payable by the petitioner is @ Rs.6,500/- per month and the petitioner is not paying the rent since January, 2009. The Court below having observed that according to the petitioner, he paid rent up to the date of filing of the suit but according to the respondent, the petitioner committed default in paying the rent since January, 2009 and that the controversy with regard to the payment of rent whether @ Rs.2,500/- or @ Rs.6,500/- is yet to be decided, dismissed the said I.A. Admittedly, the petitioner filed the above-mentioned suit for perpetual injunction. Having regard to the facts and circumstances of the case, in the absence of any proceedings initiated by the respondent/ defendant/landlord and in view of the controversy with regard to the actual rate of rent payable by the petitioner, I am of the opinion that it cannot be said that dismissal of I.A.No.622 of 2009 by the Court below is illegal and untenable. Therefore, the impugned order does not suffer from any infirmity or illegality warranting interference by this Court. The Civil Revision Petition is accordingly, dismissed. No order as to costs. ___________________ V.ESWARAIAH, J 19th MARCH, 2010. kvni