1. The respondent is the owner of a non-residential premises at Kurnool Town. The said premises was leased to the petitioner. Initially, the ground floor was leased and the rent thereof is fixed at Rs.9,900/- per month. The respondent filed O.S.No.36 of 2009 in the Court of Additional Seniors Civil Judge, Kurnool, against the petitioner, for the relief of recovery of arrears of rent to the tune of Rs.6,68,290/-covering various periods. He has has also filed I.A.No.858 of 2009 under Order 15-A of C.P.C. with a prayer to direct the petitioner to pay the arrears of rent and continue to deposit the rent every month and in default, to strike off the defence. In the statement enclosed to the petition, the respondent mentioned that a sum of Rs.6,67,890/-is required to be deposited as arrears.

2. The petitioner filed a counter affidavit, opposing the application. According to him, the entire first floor was constructed with his funds and the account thereof is yet to be settled. The various transactions that are said to have taken place between them are also mentioned. Through its order, dated 22.11.2010, the trial Court allowed the I.A. Hence, this civil revision petition.

3. Sri B. Narasimha Sarma, learned counsel for the petitioner submits that the trial Court virtually decreed the suit through its order in the I.A. He contends that it is only the undisputed arrears of rent that can be required to be deposited through an order in an application filed under Order 15-A of C.P.C. He further submits that whatever be the justification for directing that the arrears of rents be paid from the date of filing of the suit, it was not at all competent for the trial Court to direct deposit of the rents, for the period earlier thereto.

4. Sri T.S.Anand, learned counsel for the respondent on the other hand submits that there is no dispute that the petitioner did not pay any rents for the past several years and that the trial Court directed the payment of the said arrears. He further submits that the very purpose underlying Order 15-A of C.P.C. is to ensure that the rents that are due up to the date of filing of the application are recovered from the defendant, as a condition precedent, for his participation in the suit.

5. The suit was filed for recovery of arrears of rent. There is no dispute as to the existence of lease between the parties. While the respondent pleaded that the rents for a particular period were not paid and arrears have accumulated to the tune of Rs.6,68,290/-, the petitioner stated that the expenditure incurred by him for construction of the first floor is yet to be adjusted.

6. An application was filed under Order 15-A of C.P.C. In its application to the State of Andhra Pradesh, the Rule reads as under:

(1) In a suit for recovery of possession, on termination of lease, or licence, with or without a prayer for recovery of arrears of rent, or licence fee, known with whatever description, the defendant, while filing his written statement, shall deposit the amount, representing the undisputed arrears, calculated upto that due into the Court and shall continue to deposit such amount, which becomes payable thereafter within one week from the date on which it becomes due till the judgment is rendered in the suit.

(2) Wherever the defendant pleads in the written statement that no arrears of rent or licence fee exists, it shall be competent for the Court to pass an order in this regard, after affording opportunity to both the parties, and in case any amount is found due, the defendant shall be under obligation to deposit the same, within the time stipulated by the Court and continue to deposit the amount which becomes payable thereafter as provided under Rule 1:

Provided that the time stipulated for payment of amount, as aforesaid, may be extended by the Court for reasons to be recorded for a period not exceeding 15 days.

If the defendant commits default in making the deposits, as aforesaid, the Court shall strike off