IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE B. SESHASAYANA REDDY CIVIL REVISION PETITION No.3270 OF 2009 BETWEEN: Md. Ashraf S/o. Suleman …. Petitioner/Defendant AND Y. Neelakanta Reddy S/o. Late Y. Ganna Reddy and Others …. Respondents/Plaintiffs THE HON’BLE SRI JUSTICE B. SESHASAYANA REDDY CIVIL REVISION PETITION No.3270 OF 2009 ORDER: This Civil Revision Petition is directed against the order dated 08-06-2009 in I.A. No.556 of 2008 in O.S.No.4487 of 2008 passed by the learned X Junior Civil Judge, City Civil Court, Hyderabad, whereby and whereunder the learned Junior Civil Judge directed the petitioner herein to deposit an amount of Rs.2,500/- per month towards rent from the month of January 2008. 2. The background facts in a nutshell leading to filing of this revision by the petitioner – defendant in O.S.No.4487 of 2008 are:- the respondents herein are the plaintiffs in O.S.No.4487 of 2008. They filed the suit for eviction of the petitioner – defendant and for recovery of possession of the suit schedule property. They also sought for recovery of arrears of Rs.44,000/- apart from rent @ Rs.7,500/- per month from the date of the suit till the delivery of possession of the suit schedule property. It is the case of the plaintiffs that their father leased out open land admeasuring 1200 square feet to the plaintiffs for running a motor garage bearing Municipal No.H.No.1-7-1039, Azamabad Industrial area, Hyderabad on a monthly rent of Rs.1,000/- initially. The rent came to be enhanced from time to time along with the extension of lease period. The latest extension of lease period was upto the end of December 2007 on an enhanced rent of Rs.4,000/- per month. As the lease period expired, the plaintiffs demanded the defendant to enhance the rent from Rs.4,000/- to Rs.5,000/- as the rental values in the twin cities and in the Ranga Reddy District are increased. Thereupon, the defendant stopped paying the rents from the month of January 2008 onwards. Instead, the defendant filed O.S.No.2910 of 2008 on the file of X Junior Civil Judge, City Civil Court, Hyderabad against plaintiff No.2 – Y. Hanumanth Reddy for perpetual injunction. The plaintiffs issued a legal notice dated 29-10-2008 demanding the defendant to vacate the premises and also to pay the arrears of rent. The defendant failed to comply the demand of the plaintiffs. Hence, they filed the suit. The plaintiffs filed I.A. No.556 of 2008 seeking a direction to the defendant to pay monthly rent @ Rs.4,000/- from the date of filing till the disposal of the suit. 3. The defendant filed counter resisting the application. The defendant pleaded in the counter that the rent for the premises is @ Rs.1,000/- per month and necessary documentary evidence has been filed in O.S.No.2910 of 2008. He also pleaded that he has been depositing the rents to the credit of R.C. No.333 of 2008. 4. Neither party adduced evidence in support of their respective pleadings. The learned Junior Civil Judge, on considering the evidence on record and on hearing the counsel appearing for the parties, directing the defendants to pay the rent @ Rs.2,500/- per month from the month of January 2008 by an order dated 08-06-2008. The said order is assailed in this revision. 5. The revision came to be admitted on 22-10-2009. An interim stay came to be issued on condition of the petitioner depositing arrears of rent @ Rs.1,000/- per month, as per the orders in CRPMP No.4523 of 2009. The order passed in the said CRPMP No.4523 of 2009 reads as under: “Interim stay on condition of the petitioner depositing arrears of rent @Rs.1,000/- per month from August 2008 within a period of three weeks from today and on further condition of the petitioner continue to deposit the said sum of Rs.1,000/-0 on or before 10th of every succeeding month. On such deposit, the respondents are permitted to withdraw the same without furnishing any security. In default of the compliance of this order, the stay shall automatically stands vacated. Notice.” 6. The respondents entered appearance through a counsel. 7. Heard the learned counsel appearing for the parties. 8. Learned counsel appearing for the petitioner submits that the respondents – plaintiffs failed to place on record any proof to show that monthly rent was Rs.4,000/- as on December 2007 and in which case direction given to the petitioner – defendant to pay Rs.2,500/- per month towards rent cannot be sustained. A further submission has been made that the rent for the premises is only Rs.1,000/- per month and he has been regularly paying the rent and therefore, no further direction is required to be given to the petitioner – defendant with regard to payment of rent pending disposal of the suit. 9. The learned counsel appearing for the respondents – plaintiffs submits that the trial Court has taken into consideration various aspects and proceeded to direct the defendant to deposit the rent @ Rs.2,500/- per month and the direction given by the trial Court does not warrant any interference by this Court in exercising powers under Article 227 of the Constitution of India. 10. The respondents – plaintiffs assert that the rent for the premises as on December 2007 was Rs.4,000/- and when they demanded the petitioner – defendant to enhance the rent from Rs.4,000/- to Rs.5,000/-, he stopped paying the rent, which necessitates them to file the suit for eviction and also for recovery of arrears of rent. Whereas, it is the plea of the petitioner – defendant that the rent for the premises is Rs.1,000/- per month. 11. The total area in occupation of the defendant is 1200 square feet. Indisputably, it is a commercial area. Even if the rent at Re.1-50 paise per square feet is calculated, it comes to Rs.1,800/-. Of course, the trial Court has fixed the rent at Rs.2,500/- per month. No reasons have been assigned to fix the rent at such rate. In that view of the matter, the rent fixed by the trial Court is reduced form Rs.2,500/- to Rs.1,800/- per month. 12. Accordingly, the Civil Revision Petition is allowed in part reducing the rent for the premises from Rs.2,500/- to Rs.1,800/-. The petitioner shall pay the arrears at the rate indicated above, within four (4) weeks from today. As and when the amount is deposited, the respondents – plaintiffs are at liberty to withdraw the same. In the event of the petitioner – defendant failing to deposit the arrears within the stipulated time, the order passed by the trial Court shall stands restored. _________________________ B. SESHASAYANA REDDY, J December 29, 2009. KTL