9911796707
TMI Blog2021 (9) TMI 260X X X X Extracts X X X X X X X X Extracts X X X X ..... rents + GST at 18% for 14 months - there is clear non-compliance with the lower Court s order dt.27.08.2019 in I.A.No.451 of 2019 as modified in the order dt.12.03.2020 in C.R.P.No.263 of 2020 by this Court. Under Rule (2) of Order XV-A CPC, the defence of the respondents in the suit is liable to be struck off - CRP allowed with costs. - CIVIL REVISION PETITION NOs.527, 631 AND 663 OF 2021 - - - Dated:- 20-7-2021 - HONOURABLE SRI JUSTICE M.S. RAMACHANDRA RAO Petitioner Advocate : Vedula Srinivas Respondent Advocate : Chandrasen Law Offices COMMON ORDER These three Revisions arise out of the same suit between the same parties and so they are being disposed of by this common order. 2. The petitioners in these cases are landlords of the respondents / tenants. The suit O.S.No.230 of 2019 3. The petitioners had filed O.S.No.230 of 2019 before the IX Additional Chief Judge, City Civil Court at Hyderabad for eviction of the respondents from the suit schedule properties and to direct the respondents to pay ₹ 12,87,452/- along with interest at 18% per annum from the date of the suit till realization and also to pay damages @ ₹ 7,00,000/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Court below had incorrectly directed the respondents to pay rents only from December, 2018. It was also contended that there is liability to pay Goods and Service Tax on the rents payable by the respondents to the petitioners, and that the said liability should also be discharged by the respondents; and though this contention was raised in the Court below, it did not advert to this point when it passed the order on 27.08.2019 in I.A.No.451 of 2019. 11. Both these contentions were accepted by this Court and the CRP was allowed on 12.03.2020 directing the respondents to pay rent for the month of November,2018 as well to petitioners; and to pay every month to the Competent Authority under the GST Act, 2017, tax @ 18% on the rent of ₹ 3,50,462/- payable every month to the petitioners; the arrears of GST on the rent for the period from November, 2018 till 12.03.2020 were directed to be deposited to the credit of the suit within four (4) weeks along with the rent for the month of November, 2018. It was made clear that in default of payment of the same, the defence of the respondents was liable to be struck off. It also permitted the amount deposited towards the rent fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de another D.D.No.00844 of the same date, and the same amount through another D.D.No.009067 dt.03.10.2020. They also stated that they had filed an Application along with D.D.No.008773 dt.28.01.2020 for ₹ 12,61,688/- seeking permission to deposit the same into the suit account. They also claimed that at the time when the respondents were inducted as tenants, they had paid interest free security deposit of ₹ 15,90,000/- and after deducting the said security deposit and the amounts paid by way of demand drafts, the respondents are only liable to pay monthly rents for a period of six months and not 23 months as claimed by the petitioners. They again referred to the counter claim filed by them. They also referred to certain Government Orders issued by the State of Telangana directing the property owners to defer collection of monthly rents for three months. 18. The respondents thus admitted that the rents were due for six months and because there is pandemic of Covid-19, it would be unfair and unjust on the part of the petitioners to expect the tenants to pay rents. 19. By order dt.02.11.2020, the Court below disposed of I.A.No.597 of 2020 observing that the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents, the Court should take lenient view of the matter and allow the trial to proceed. He offered to deposit the amounts liable to be paid by the respondents. He also admitted that GST was not paid to the Competent Authority by the respondents after order dt.12.03.2020 in C.R.P.No.263 of 2020. Consideration by the Court 26. I find considerable force in the contentions of the counsel for the petitioners. 27. Admittedly in I.A.No.451 of 2019, there was a direction to the respondents to deposit arrears of monthly rent at the rate of ₹ 3,50,426.50 ps. from December, 2018 to January, 2019 and continue to pay monthly rents at the same rate from February, 2019 on or before 5th of each calendar month directly to the petitioners. 28. This order was modified in C.R.P.No.263 of 2020 on 12.03.2020 asking the respondents to deposit rent for November, 2018 also with arrears of GST on rent from November, 2018 till 12.03.2020 in four (4) weeks. 29. By virtue of the observation in the said order, the liability to pay GST is on the tenants only. 30. There was also a direction to the respondents to pay GST @ 18% on the rent of ₹ 3,50,462/- payable every month to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
