The agreed rent between the parties can be fixed by the Rent Controller under Section 11(3) of the A. P. Buildings (Lease, Rent and Eviction) Control Act, 1960 in case of a dispute. The tenant's willingness to pay rent at a certain rate before the Civil Court can be considered as agreed rent.

P. L. NARASIMHA SHARMA, J.

( 1 ) THE tenant is the petitioner in this revision. The revision is filed against the order of the learned Principal Subordinate Judge, Chittoor in cm A. No. 6/89 dt:12-11-90 affirming the order of the Principal District munsif-cum-Rent Controller, Chittoor in IA. No. 65/87 in RCC. No. 24/86. The relevant facts are as follows :-

( 2 ) THE respondent-temple tiled eviction petition RCC. No. 24/86 for evicting the revision petitioner from the petition schedule premises on certain grounds which are not necessary to mention for the disposal of this revision. The said R. C. C. was resisted by the tenant. Pending the main petition for eviction 1a. No. 65/87 was filed by "the respondent landlord under Section 11 (4) of the A. P. Buildings (Lease, Rent and eviction) Control Act, 1960 (hereinafter referred to as "the Act") for a direction to the tenant to deposit the arrears of fail rent of amount of rs. 175/- per month with effect from 1-12-78 till the date of filing of the application. The allegations made in support of the application were that the tenant was continuing in the premises by sufference at the rate of rent of Rs. 175/- per month and the tenant has to pay rent at that rate and he committed default of payment of rent with effect from 1-12-78 and therefore sought for a direction to the tenant to pay Rs. 175/- per month from 1-12-78 and continue to pay and in default he should be directed to vacate the petition schedule premises.

( 3 ) THE tenant-petitioner herein resisted the application on the ground that originally the landlord filed O. A. No. 38/79 before the Commissioner of Endowments, Kurnool against him for eviction, and he deposited rents from 1-12-78 to the credit of O. A. No, 38/79 and also obtained receipts to that effect. His contention was that the agreed rate of rent is Rs. 70/- per month and not Rs. 175/- per month. He also contended that a suit was filed by the landlord in O. S. No. 1080/80 on the file of the Principal district Munsif s Court, Chittoor for damages on the ground that the tenant refused to vacate the premises in spite of quit notice and the said suit was decreed on merits wherein the learned Judge fixed Rs. 175/- p. m. as the reasonable amount of damages for use and occupation and therefore the said rate cannot be treated as agreed rent which can only be directed to be deposited under Section 11 (4) of the Act and therefore the application for deposit of Rs. 175/- p. m. as the agreed rent is unsustainable. The tenant also raised several other pleas which need not be referred to for the purpose of disposal of this revision petition. All such pleas as well as the pleas of the landlord will be decided by the rent controller while disposing of the R. C. C. on merits in accordance with law.

( 4 ) THE Rent Controller allowed the application IA. No. 65/87 fixing the rate of rent at Rs. 175/- per month tor which he relied upon the decree of the Civil Court in O. S. No. 1080/80 and as a result the Rent Controller directed the tenant to deposit arrears of rent at that rate of Rs. 175/- p. m. with effect from 1-12-78 and also gave deduction of the amount which was already deposited by the tenant before the Deputy Commissioner of endowments, Kurnool on 29-2-1984.

( 5 ) QUESTIONING the said order of the Rent Controller the tenant carried the matter in CMA. No. 6/89 to the court of the Principal Subordinate judge, Chittoor. The learned Subordinate Judge referred to the proceedings before the Civil Court in O. S. No. 1080/88 and stated that though the landlord claimed at the rate of Rs. 250/- p. m. by way of damages for use and occupation the Civil Court found that a sum of Rs. 175/- per month is reasonable and therefore granted a decree for Rs. 175/-per month and that particular figure of Rs. 175/- was taken as fair rent by the learned Subordinate Judge in confirming the order of the Rent Controller. Accordingly, the learned Subordinate Judge confirmed the order of the rent Controll

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