APHC010463372024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 2469/2024 Between: Kakarla Narayana Rao ...PETITIONER AND Gopi Varaha Suna Sagar ...RESPONDENT Counsel for the Petitioner: 1. A S C BOSE Counsel for the Respondent: 1. The Court made the following order: The respondent herein had filed O.S.No.729 of 2023, before the Learned III Additional Junior Civil Judge, Visakhapatnam, for eviction of the petitioner herein from the property. During the pendency of the suit, the respondent moved I.A.No.444 of 2023, for deposit of arrears of damages of Rs.10,00,000/-, being the aggregate of monthly damages of Rs.2,00,000/- from May 2023 to September 2023, and for striking of the defence of the petitioner unless the said damages are paid. 2 RRR, J C.R.P.No.2469 of 2024 2. The petitioner herein filed a counter affidavit, in the said I.A., essentially challenging the maintainability of the application. There was no denial relating to the demand of damages. However, in the course of arguments, the learned counsel appearing for the petitioner had deposited the said damages. The Trial Court, after recording this contention, had also recorded that the monthly rent of Rs.1,53,000/- was being paid upto October, 2023. 3. The Trial Court, after recording the said statement, had directed the petitioner to deposit the arrears of rent from November, 2023 to January, 2024 and for payment of the said rent every month on or before 15th of every month, failing which the defence of the petitioner would be struck off. There was a further direction to the petitioner to file receipts showing transfer of monthly rent arrears and rent to the respondent. 4. This order of the Trial Court, dated 19.07.2021, is challenged before this Court, by way of the present Civil Revision Petition. 5. The learned counsel for the petitioner would contend that the petitioner had disputed the rent of Rs.1,53,000/- and had specifically contended, in his written statement, that the monthly rent payable was only Rs.1,08,000/-. The learned counsel drew the attention of this Court to paragraph 11 of the said written statement. 3 RRR, J C.R.P.No.2469 of 2024 6. Though a statement to this effect is available in the written statement, no such denial is found in the counter affidavit to the application filed by the respondent. Further, the Trial Court had already recorded that there was no dispute between the parties that rent had been paid @ Rs.1,53,000/- per month upto October, 2023. In view of the Trial Court recording the said fact, it would have to be taken that the monthly rent agreed between the parties was Rs.1,53,000/- per month. Further, the petitioner, except making a bald statement that the rent payable was Rs.1,08,000/-, has not produced any material before this Court or before the Trial Court to buttress his contention that the monthly rent was only Rs.1,08,000/- per month. 7. In the circumstances, I do not find any reason to interfere with the finding of the Trial Court that the monthly rent was Rs.1,53,000/-. Further, the petitioner has neither in the ground of revision nor in the pleadings mentioned above, contended that he has paid rent after October, 2023. 8. Accordingly, this Civil Revision Petition is dismissed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J 07.03.2025 MJA 4 RRR, J C.R.P.No.2469 of 2024 49 HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO CIVIL REVISION PETITION NO: 2469 of 2024 07.03.2025 MJA