M/S Sahithi Educational Society vs. Smt. M. Majula

Facts

The petitioner, M/s Sahithi Educational Society and others, filed a Civil Revision Petition challenging an order dated July 19, 2021, passed by the IV Senior Civil Judge, City Civil Court, Hyderabad. The respondent, Smt. M. Majula, who is the plaintiff in the suit, had filed an interim application (IA.No.9 of 2021) seeking an ex-parte interim order. The plaintiff sought directions for the defendants (petitioners) to deposit outstanding rental amounts from March 2020 to October 2020, totaling Rs. 13,68,000/- plus GST, and mesne profits of Rs. 5,94,000/-. The trial court partially allowed the application, directing the defendants to pay arrears of rent at Rs. 1,80,000/- per month plus GST from March 2020 to July 2021 within six months and to continue paying monthly rent of Rs. 1,80,000/- plus GST by the 10th of each succeeding month until the suit's disposal.

Held

The Court noted the submissions made by the learned counsel for both the petitioners and the respondent. Both parties agreed that the revision petition could be disposed of with a specific direction to the trial court. Accordingly, the Court disposed of the Civil Revision Petition by directing the trial court to consider the advance paid by the tenant while disposing of the main suit. This consideration should be based on the evidence and documents filed by the respective parties. The Court did not make any specific findings on the merits of the trial court's order regarding the deposit of rent and GST, but rather facilitated a procedural direction for the final adjudication of the suit. No specific issue was left undecided, as the parties reached a consensus on the course of action.

Key Issues

1. Whether the trial court erred in directing the deposit of arrears of rent and future rent without adequately considering the advance payment made by the tenant (petitioner)? Petitioner's Argument: The learned counsel for the petitioners submitted that the revision petition be disposed of with a direction to the trial court to consider the advance paid by the tenant while disposing of the main matter, as per the evidence and documents filed by the parties. Respondent's Argument: The learned counsel for the respondent made a similar submission, agreeing that the revision petition should be disposed of with a direction to the trial court to consider the advance paid by the tenant while disposing of the matter, as per the evidence and documents filed by the respective parties.