Andhra Pradesh High Court - Amravati
Guntapalli Srinivasarao, vs Polipireddy Rajesh Babu on 1 July, 2024
Author: U. Durga Prasad Rao
Bench: U.Durga Prasad Rao
1
APHC010242132024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [2605]
(Special Original Jurisdiction)
MONDAY ,THE FIRST DAY OF JULY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO
CIVIL REVISION PETITION NO: 1152/2024
Between:
Guntapalli Srinivasarao, ...PETITIONER
AND
Polipireddy Rajesh Babu ...RESPONDENT
Counsel for the Petitioner:
1. SOMISETTY GANESH BABU
Counsel for the Respondent:
1. HARINADH NIDAMANURI
The Court made the following:
ORDER:
The Civil Revision Petition is filed challenging the order dated
18.04.2024 in I.A.No.419
419 of 2024 in O.S.No.48 of 2022 passed by learned
Rent Controller cum Principal Junior Civil Judge, Bheemunipatnam, where
under learned judge allowed the petition filed unde
under Section 11(4) of A.P..
Buildings (LR & E) Control Act and Section 151 of CPC filed by the
plaintiff/petitioner and directed the Revision petitioner/respondent/defendant
herein to pay monthly rent @ Rs.6,500/- from September, 2023 to January,
2024 to a total amount of Rs.32,500/- to the petitioner/plaintiff and further
directed to pay monthly rent @ 6,500/- from February, 2024 till the orders of
the Court, failing which the defence would be struck off.
02. Heard Sri Somisetty Ganesh Babu, learned counsel for the petitioner
and Sri Harinadh Nidamanuri, learned counsel for respondent.
03. The main contention of learned counsel for the petitioner is that there
were no arrears of rent payable by the petitioner/defendant which is evident
from the bank account particulars of the petitioner. However, unfortunately the
petitioner could not produce the bank statement during the enquiry in
I.A.No.419 of 2024 and therefore the Civil Revision Petition may be allowed
and the petitioner may be given an opportunity to submit his bank statement
for verification of the Court in the interest of justice. It is further submitted that
by virtue of the order in I.A.No.419 of 2024, the Trial Court posted the matter
to 05.07.2024 for judgment.
04. Learned counsel for the respondent opposed the Civil Revision Petition
stating that the petitioner has not filed either the bank statement or any other
material at the time of enquiry in I.A.No.419 of 2024 to buttress his contention
that he paid the entire rent amount and that there were no arrears.
05. Point for consideration is that whether there are merits in the Civil
Revision Petition to allow?
06. The nub of the issue is whether the petitioner/defendant paid the entire
rent amount as claimed by him. The petitioner to substantiate his contention
filed a copy of statement of account maintained by State Bank of India,
Vepagunta, Visakhapatnam.
07. Referring to the said statement, learned counsel tried to explain that he
paid the rent amount. The correctness of the above statement has to be
verified by the Trial Court and for this purpose, an opportunity should be given
to the petitioner in the interest of justice.
Accordingly, this Civil Revision Petition is allowed setting aside the
order dated 18.04.2024 in I.A.No.419 of 2024 in O.S.No.48 of 2022 passed by
learned Rent Controller cum Principal Junior Civil Judge, Bheemunipatnam
and the trial Court is directed to permit the petitioner/defendant to produce his
bank statement and conduct enquiry in the said petition and after hearing the
parties, pass an appropriate order on merits in accordance with law
expeditiously. Needless to emphasis that the main suit i.e, O.S.No.48 of 2022
shall be decided only after passing the order in I.A.No.419 of 2024. There
shall be no order as to costs.
As a sequel, interlocutory applications pending, if any, shall stand
closed.
________________________
U. DURGA PRASAD RAO, J
01.07.2024
Note:
C.C by 01.07.2024
b/o
KKV
