M/S. Likhitha Education Society vs. Mrs. P.L. Rajeswari

Facts

These Civil Revision Petitions were filed by the lessors (petitioners in CRP No. 1668 of 2021) and the lessee (respondent in CRP No. 1700 of 2021) challenging an order dated 07.09.2021 passed by the XI Additional District Judge, Medchal District. The order, passed in an interlocutory application within a suit for recovery of possession, arrears of rent, and injunction, directed the lessor to deposit arrears of rent from April 2019 to August 2021, amounting to Rs. 5,89,270/-, and to continue paying a monthly rent of Rs. 13,75,920/- from September 2021 until the disposal of the main suit. The lessee was also directed to pay these amounts directly to the lessors. The suit was filed by the lessors (owners of property bearing Sy.No.46, Jeedimetla Village) against the lessee (M/s. Likhitha Education Society, operating Delhi Public School) for eviction and recovery of rent based on a registered lease deed dated 29.03.2016.

Held

The Court held that the conditions for invoking Order XV-A of CPC were fulfilled, as the suit was for recovery of possession and rent, and the defendant pleaded no arrears. However, the Court found that the admitted rate of rent could not be Rs. 13,75,920/- per month from March 2019. It reasoned that while the lessee was in occupation, disputes regarding the use of cellar, sub-cellar, and parking, and the exact amount of rent payable, could not be decided in an interlocutory application without evidence. The Court noted that the lessee admitted paying Rs. 7,86,650/- per month after March 2019. The issue regarding the relevance of the unregistered lease deed was also deemed to be a matter for the main suit. Consequently, the impugned order was modified to direct the respondent (lessee) to pay the admitted rent of Rs. 7,86,650/- per month and any arrears at that rate from April 2021 until the disposal of the suit. Failure to comply would entitle the petitioners (lessors) to the relief under Order XV-A of CPC. The Court expressly left undecided the questions regarding the completion of construction, provision of amenities, use of cellar/sub-cellar, and the relevance of the unregistered lease deed, stating these were matters for the main suit.

Key Issues

1. Whether the conditions for invoking Order XV-A of the Code of Civil Procedure (CPC) were met, specifically concerning the suit being for recovery of possession and rent, and the defendant pleading no or low arrears, requiring court examination. 2. Whether the admitted rate of rent by the respondent (lessee) could be taken as Rs. 13,75,920/- per month from March 2019 onwards, considering the dispute over the use of cellar, sub-cellar, and parking areas, and the respondent's claim of paying Rs. 7,86,650/- per month after March 2019. 3. Whether the unregistered lease deed dated 16.03.2015 was essential for deciding the lis between the parties, or if only the registered lease deed dated 29.03.2016 was relevant. Petitioner/Appellant Arguments: The petitioners (lessors) argued that the respondent (lessee) committed default in payment of rents and violated the lease terms, necessitating the suit. They relied on Order XV-A of CPC for the interim directions. Revenue/State Arguments: The respondent (lessee) argued that no amount was due and payable to the petitioners. They contended that the lease and sale of cellar and sub-cellar were prohibited under the Andhra Pradesh Apartments (Promotion of Construction and Ownership) Act, 1987. They also argued that the unregistered lease deed dated 16.03.2015 was essential for deciding the case.