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Judgment
This Civil Revision Petition is filed against order dated 22.04.2021 in I.A.No.2347 of 2018 in O.S.No.462 of 2015 wherein and whereby, the Court below dismissed the application filed by the petitioners for payment of rents from May, 2018 onwards.
Learned counsel for the petitioner submits that the court below should have seen that earlier I.A.No.291 of 2015 is filed for payment of arrears of rents from January 2015 onwards and in spite of the order in the said application dated 23.08.2018, the respondent/tenant has not paid the amount. He submits that the Court below has not considered the said aspect properly.
On the other hand, learned counsel for the respondent submits that though the respondent filed counter in I.A.No.2347 of 2018, but the Court below without referring to the same, passed the impugned order.
A reading of the impugned order goes to show that I.A.No.2347 of 2018 is dismissed on the ground that the petitioners received rents for the period from January, 2015 to April, 2018 and hence, they have waived their right which is disputed by the learned counsel for the petitioners.
A perusal of the impugned order also goes to show that the Court below has not understood the purport of the application which is filed for payment of arrears of rent from May, 2018 onwards and earlier application is for payment of rents from January, 2015 to April, 2018.
Though it is stated that counter affidavit is filed in I.A.No.2347 of 2018, but the Court below observed that no counter affidavit is filed, which goes to show that the Court below has not considered the application in proper perspective, as such, the impugned order is liable to be set aside.
Accordingly, the impugned order dated 22.04.2021 in I.A.No.2347 of 2018 in O.S.No.462 of 2015 is set aside. Since there is an allegation that the respondent is not paying rents, though squatting on the property, the Court below is directed to dispose of the application within a period of two weeks from the date of receipt of a copy of this order. It is open for the parties to file necessary documents and if the respondent feels that additional counter is required, he may do so, within the said period. The respondent is also directed to pay the admitted rents as on today. If the admitted rent is not paid by the respondent, is open for the Court below to pass appropriate orders in accordance with law.
The Civil Revision Petition is allowed to the extent indicated above. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed.