Telangana High Court
Vijayendra Jain, Ranga Reddy Dist vs Medisetty Lalitha, Hyderabad on 20 January, 2022
Bench: M.Laxman
HIGH COURT OF JUDICAT URE AT HYDERABAD
FOR T HE ST AT E OF T EL ANGANA AND T HE ST AT E OF ANDHRA
PRADESH
FRIDAY , THE EIGHTH DAY OF JULY
TWO THOUSAND AND SIXTEEN
:PRESENT:
T HE HON'BL E SRI JUST ICE M.SEET HARAMA MURT I
CRP .NOS:433 & 974 of 2015
Bet ween:
Vijayendra Jain, S/o. Parammsmal Jain
..... Pet it ioner/Appellant
(Pet it ioner in bot h CRPs)
AND
Mediset t y Lalit ha, W/o. M.Anand, aged 42 years, occ: business
r/o no. 19-67/3, Kodandaram nagar, Dilsukhnagar, Hyderabad.
.....Respondent /Respondent
(Respondent in bot h CRPs)
CRP .NO:433 of 2015
Pet it ion filed under Sect ion 22 of t he Andhra
Pradesh Buildings Lease, Rent & Evict ion) Cont rol Act , 1960,
praying t hat t he High Court may be pleased t o set aside t he
judgment dat ed 5-6-2014 passed in RA no. 11/2013 on t he file of
t he court of Principal Senior Civil Judge, Ranga Reddy dist rict
at LB Nagar confirming t he order dat ed 4.7.2012 passed in
RC.No.17/2010 by t he Principal Junior Civil Judge-cum-Rent
Cont roller, Ranga Reddy Dist rict at L.B.Nagar.
CRP .NO: 974 of 2015
Pet it ion filed under Sect ion 22 of t he Andhra
Pradesh Buildings Lease, Rent & Evict ion) Cont rol Act , 1960,
praying t hat t he High Court may be pleased t o set aside t he
judgment dat ed 5-6-2014 passed in RA no. 2/2013 on t he file of
t he court of Principal Senior Civil Judge, Ranga Reddy dist rict
at LB Nagar and t he order dat ed 4.7.2012 in RC.No.17/2010 on
t he file of t he court of Principal Junior Civil Judge cum Rent
Cont roller of Ranga Reddy Dist rict at L.B.Nagar.
The pet it ion coming on for hearing, upon perusing
t he Pet it ion and t he grounds filed in support t hereof and upon
hearing t he argument s of SRI B VIJAYSEN REDDY Advocat e for
t he Pet it ioner, Sri.K.Rama Mohan Mahadeva, Advocat e for t he
Respondent , t he Court made t he following.
ORDER:
When these revisions are taken up for hearing, learned
counsel for the respondent/land lady would submit that
permission may be accorded to the respondent/land lady to
withdraw the amounts that are being deposited by the revision
petitioner/tenant pursuant to the interim orders of this Court
dated 2 7.03.2 015, as she is in dire need of money and that amount
is required for her sustenance.
Learned counsel for the revision petitioner/tenant would
submit that the original rent was Rs.975/- per month and that by
the order impugned, the fair rent has been fixed at Rs.10,000/- per
month and that this Court, by order dated 2 7.03.2 015, while
suspending the order of the Court below subject to certain
conditions, directed the revision petitioner/tenant to deposit at
Rs.5,000/- per month to the credit of R.C.No.17 of 2 010 on the file
of the learned Rent Controller-cum-Principal Junior Civil Judge,
Ranga Reddy District at L.B. Nagar and that accordingly the said
amount is being deposited every month and that in the
circumstances of the case if the respondent/land lady is permitted
to withdraw the amount during the pendency of the matter, the
revision petitioner/tenant would put to hardship in case the
revision is allowed. He alternatively submitted that in case this
Court comes to the conclusion that if permission is to be accorded,
the respondent/land lady shall be permitted to withdraw 50% of
the amount in deposit in the interests of justice.
Learned counsel for the respondent/land lady in reply
would submit that an eviction order has already been passed and
that against the said order, a revision is filed and pending and
that since the amount being deposited is only a half of the fair
rent fixed, it would be in the interests of justice to permit the
respondent/land lady to withdraw the entire amount in deposit.
Having given detailed and thoughtful consideration to the
submissions and considering the fact that the property is situated
i n Gaddiannaram Village, Saroornagar Revenue Mandal, Ranga
Reddy District, and that the property is being put to non-
residential use, this Court is satisfied that it is a fit case to accord
permission to the respondent/land lady, without prejudice to the
rights and contentions of both parties in these revisions, to
withdraw the entire amount to the credit of R.C.No.17 of 2 010
aforementioned, as such a course would meet the ends of justice.
Accordingly, the respondent/land lady is permitted to
withdraw the entire amount in deposit to the credit of R.C.No.17 of
2 010 on the file of the learned Rent Controller-cum-Principal
Junior Civil Judge, Ranga Reddy District at L.B. Nagar, without
furnishing any security and without prejudice to the rights and
contentions of both parties. It is however made clear that the
revision petitioner/tenant shall continue to abide by the interim
order of this Court dated 2 7.03.2 015 and the respondent/land lady
is also permitted to withdraw similarly by following the procedure
established by law the future rents that may be deposited by the
revision petitioner/tenant as and when deposited.
Post the CRPs. in usual course.
ASSISTANT REGISTRAR
//TRUE COPY//
For ASSISTANT REGISTRAR
To
1. The Principal Junior Civil Judge-cum-Rent Cont roller,
Ranga Reddy Dist rict , at L.B.Nagar
2. Mediset t y Lalit ha, W/o. M.Anand, aged 42 years, occ:
business
r/o no. 19-67/3, Kodandaram nagar, Dilsukhnagar,
Hyderabad.
(BY RPAD)
3. One CC t o SRI B VIJAYSEN REDDY, Advocat e (OPUC)
4. One spare copy
HIGH COURT
MSM.J
DAT ED: 08.07.2016
NOT E: POST T HE CRPs, in usual course.
CRP.NOS.433 & 974 OF 2015
DIRECT ION
T Rk
Dat ed: 13.7.2016
HIGH COURT
MSM.J
DAT ED: 08.07.2016
NOT E: POST T HE CRPs, in usual course.
CRP.NOS.433 & 974 OF 2015
DIRECT ION
