This civil revision petition arises out of order, dated 28.06.2011, in I.A.No.1075 of 2010 in O.S.No.2037 of 2010, on the file of the learned V Additional Senior Civil Judge, City Civil Court, Hyderabad.

The petitioner is the defendant in the suit filed by the respondent for eviction, recovery of arrears of rent and also for damages for unauthorised use and occupation of the suit premises. One P.Ramachandra Murthy, who claims to be the GPA of the respondent, pleaded that the latter is the absolute owner of the suit schedule properties and that since he is in USA, he is looking after and managing the property. He has further pleaded that he has let out the suit schedule property to the petitioner on a monthly rent of Rs.50,000/-, exclusive of maintenance, electrical and water charges, from December, 2009, and that the suit premises is being used for running a boys hostel. He, however, pleaded that the petitioner has paid monthly rents to him only for the month of December, 2009 and committed default in payment of rent from January, 2010. That he has got issued legal notice, dated 09.06.2010, to the petitioner demanding payment of arrears of rent of Rs.3,00,000/-from January, 2010 to June, 2010 and to vacate the suit schedule premises and that having received the said legal notice, the petitioner did not pay the arrears of rent and vacate the premises. The respondent has accordingly sought for a direction to the petitioner to pay/deposit a sum of Rs.3,00,000/-towards arrears of rent and continue to pay the rent at the rate of Rs.75,000/-per month pending the suit.

The petitioner filed counter affidavit, wherein he has denied any privity of contract between him and the respondent or his GPA. He has pleaded that one Nirmala, who claimed to be the owner of the suit schedule premises, has let out the first and second floors of the suit schedule premises to him on a monthly rent of Rs.24,000/-, that a sum of Rs.1,50,000/-was paid by him to the said Nirmala as advance. It is further averred that as he has declined to accept the demand to enhance the rent from Rs.24,000/-to Rs.50,000/-, the said Nirmala has disconnected water and electricity connections. He asserted that he has been paying rent to the said Nirmala at the rate of Rs.25,000/-.

The lower Court by order, dated 28.06.2011, allowed the application filed by the respondent by directing the petitioner to deposit all the arrears of rent by 20.08.2011 and also to pay (sic deposit) rents regularly on or before 20th of every month to the credit of the suit, failing which, the defence of the petitioner will be struck off.

On a careful perusal of the order of the lower Court, I am unable to refrain from expressing the view that the manner in which the learned V Additional Senior Civil Judge has passed the order is thoroughly unsatisfactory. When there is a dispute relating to the quantum of rent, competency of GPA of the respondent and also whether the petitioner was paying rents to one Nirmala at the rate of Rs.25,000/-, the learned Judge has failed to advert to any of these aspects.

Order XV-A CPC as inserted by the Parliament was amended by the State of Andhra Pradesh which reads as under:

“Order XV-A: (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) Where 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 defenda