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.

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 )

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