D. S. ZOTTING J.

( 1 ) HEARD Shri V. D. Sapkal, learned Counsel for the petitioners and Shri Arunchandra Kapadia, learned Counsel for the respondent.

( 2 ) RULE. Rule made returnable forth with. Taken up for hearing by consent of both the parties.

( 3 ) THE petitioners are the tenants in suit premises and the respondent is the landlord. Tenants have challenged the order dated 1-12-2004 passed below exh. 12 in Rent Suit No. 53/2002. The landlord has filed the said suit for recovery of rent and possession of the suit premises. The landlord has claimed that the tenants are in arrears of rent from August, 1999 to August 2003.

( 4 ) ADMITTEDLY, the tenants are in possession of the suit premises on monthly rent of Rs. 6. 000/ -. The tenants have admitted at para 13 of the written statement (Exh. 11) that they paid rent up to December, 2001. During the pendency of the suit, the landlord has filed the application Exh. 12 under order 15-A of the Code of Civil Procedure, 1908 for seeking direction to the tenants to deposits the arrears of the rent. Upon hearing both the parties, the learned Judge passed the order as under:

"1) The defendants are directed to deposits the rent from Jan