Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.18 OF 2011
[Arising out of SLP(C) No.20290/2010]
Jonnalagadda Usha Rani .......Appellant
Versus
Velamala Vasudeva Rao & Anr. .....Respondents
O R D E R
Leave granted.
2. The appellant, claiming to be the owner in possession,
filed a suit against respondents for permanent injunction
alleging that she and her husband were carrying on business in
the said property from 1998 and the respondents were
interfering with such possession. In the said suit, which was
filed in July 2005, the defendants (respondents herein) filed
an application in 2007 seeking a direction to the appellant
(plaintiff in the suit) to deposit arrears of rent at the rate
of Rs.5,000/- per month from 1.6.2005. By a non-speaking order
dated 9.10.2007, the trial court allowed the said application
and the revision filed by the appellant has been dismissed by
the High Court by impugned order dated 19.3.2010. The said
order is challenged in this appeal by special leave.
2
3. The appellant contends that she is in possession in her
own right. She filed a mere suit for injunction. The
respondents claim that appellant is their tenant. If the
appellant as tenant had failed to pay rent, it is open to the
respondents as landlords/owners to seek possession/eviction or
seek a decree for rental arrears. In a suit for permanent
injunction filed by the appellant, when the question of title
and relationship of landlord and tenant is not in issue, the
respondents – defendants cannot claim that the appellant –
plaintiff should deposit Rs.5,000/- per month towards rent.
4. On this limited ground, this appeal is allowed and the
order dated 19.3.2010 is set aside and the application filed
by the respondents – defendants seeking deposit of rent is
dismissed. It is made clear that this will not come in the way
of the respondents taking such action as is permissible in law
to establish that the appellant is their tenant and to recover
rents if the appellant is the tenant. All questions left open.
.....................J.
( R.V. RAVEENDRAN )
New Delhi; ....................J.
January 03, 2011. ( A.K. PATNAIK )