Telangana High Court
M. Vinayak vs T.V. Ravinder on 30 July, 2024
Author: P.Sree Sudha
Bench: P.Sree Sudha
THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
CIVIL REVISION PETITION No.2422 of 2023
ORDER:
This Civil Revision Petition is filed against the order dated 27.06.2023 in I.A.No.719 of 2023 in A.S.No.17 of 2023 passed by the learned XII-Additional Chief Judge, City Civil Court, Secunderabad.
2. Respondent No.1 herein had filed an application in I.A.No.719 of 2023 in A.S.No.17 of 2023, before the trial Court against the petitioner and other respondents herein, for stay of all further proceedings of Judgment and decree dated 17.03.2022 in O.S.No.454 of 2014 passed by the learned III-Senior Civil Judge, City Civil Court, Secunderabad. The trial Court after considering the arguments of both sides allowed the application granting stay of execution of further proceedings in respect of the Order of the said suit on condition that respondent No.1 has to deposit monthly rents at the rate of Rs.5,856.40/- from the date of filing the suit till the date of decree and continue to deposit future rents of Rs.5,856.40/- on or before 5th of every month and the petitioner is at liberty to withdraw the amounts deposited by respondent No.1. Aggrieved 2 by the said order, respondent No.1 therein preferred the present Civil Revision Petition.
3. Initially, petitioner herein had filed the suit vide O.S.No.454 of 2014, against respondents for recovery of possession. Respondents No.1 and 4 participated in the suit proceedings and other respondents remained ex-parte. The suit was decreed vide Judgment and decree dated 17.03.2023, directing the respondents to vacate the suit schedule property and hand over the possession within two months and also directed to pay the past mesne profits @ Rs.5856.40 Ps. per month. Aggrieved by the said Order, respondent No.1 herein preferred an appeal before the first appellate Court vide A.S.No.17 of 2023 on the file of learned I-Additional Chief Judge, City Civil Court, Secunderabad and subsequently it was transferred to the learned XII-Additional Chief Judge, City Civil Court, Secunderabad. During the pendency of the said appeal, respondent No.1 had filed an application in I.A.No.719 of 2023, for stay of all further proceedings in the said suit and stated that as per the Orders in C.R.P.No.2148 of 2012, he has been tendering rents by enhancing periodically by 10% for every two years. He had paid the rents till the end of March, 2023 and from October, 2020 to April, 2023 @ Rs.8480/- per month. 3
4. In the counter filed by the petitioner herein in I.A.No.719 of 2023, he stated that suit schedule property is an independent house property totally admeasuring 678 Sq.yrds, situated in prime commercial locality at M.G.Road, Secunderabad, but respondents are paying meager amount of Rs.8480/- per month and he was receiving the same under protest. He also stated that the Court can direct the tenant to pay monthly rents higher than the contractual rate. He also relied upon certain citations and stated that while granting interim Stay of eviction, a condition can be imposed for payment of rents @ 6% per annum on the market value of the property and thus requested the Court to modify the Order of the first appellate Court passed in I.A.No.719 of 2023.
5. The suit vide O.S.No.454 of 2014, for recovery of possession of the suit schedule property and for both past and future mesne profits was filed by the petitioner herein against respondents/tenants on 23.12.2014 and it was decreed by the trial Court on 17.03.2023, directing the respondents to vacate and handover the suit schedule property to petitioner within two months from that date and also directed the respondents to pay an amount of Rs.5,856.40 Ps. per month from the date of termination notice towards past mesne profits for the month of 4 December, 2014 along with interest at 12% per annum from the date of suit till realization. Aggrieved by the Order of the trial Court, respondent No.1 herein preferred an appeal before the first appellate Court and during the pendency of the appeal, I.A.No.719 of 2023 was filed for stay of operation of the Judgment and decree dated 17.03.2023, in which stay was granted subject to conditions mentioned therein. Aggrieved by the said Order, petitioner/plaintiff preferred the present Civil Revision Petition.
6. The main contention of the petitioner herein is that even as per the directions of this Court in C.R.P.No.2148 of 2012, from October 2020 to April 2023, rents were paid at Rs.8480/- per month, but the trial Court directed the respondents to pay Rs.5856.40 Ps. per month, which is patently erroneous and apart from that she relied upon several citations and stated that tenants has to pay rents @ 6% per annum on the market value of the property as per the decision of the Hon'ble High Court of Bombay in Civil Application No.37 of 2009 in W.P.No.8702 of 2005, between Super Max International Pvt.Ltd and others Vs. R.M.Choksey and others.
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7. No doubt, the suit schedule property is an independent house property admeasuring 678 Sq.yrds, situated in prime commercial locality at M.G.Road, Secunderabad. Admittedly, appeal was preferred against the Order of the trial Court and thus it is for the first appellate Court to decide the quantum of rent as per the evidence adduced by both the parties. However, granting of Rs.5856.40 Ps. per month is patently erroneous and it has to be fixed at Rs.8480/- per month as per the directions of this Court in C.R.P.No.2148 of 2012. Therefore, it is modified to that effect and other factors would be decided by the first appellate Court after considering the contentions of both sides.
8. With the above observation, the present Civil Revision Petition is allowed in part. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
_________________________ JUSTICE P.SREE SUDHA DATE: 30.07.2024 tri