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 January -2002 till december, 2004 at the monthly rent of Rs. 6000/- p. m. within one month from order of this Court. 2) Defendants are further directed to continue to deposit Rs. 6000/- p. m. in each succeeding month till the decision of suit. 3) In the event of any default in making the deposit, Court may strike off the defence of the defendant as per Order 25-A, Rule 3 of C. P. C. "

( 5 ) AGGRIEVED thereby the tenants have filed this petition under Article 227 of the Constitution of India and challenged the said order. It is to be noted that the order under challenge has been passed as per the provisions of Rule 1 of Order 15-A of the Code of Civil Procedure, 1908. Rule 1 of Order 15-A of the C. P. C. reads thus- (1) In any suit by a lessor or a licensee against a lessee or a license, as the case may be, for his eviction with or without the arrears of rent or licence fee and future mesne profits from him, the defendant shall deposits such amount as the Court may direct on account of arrears up to the date of the Order (within such time as the Court may fix) and thereafter continue to deposit in each succeeding month the rent or licence fee claimed in the suit as the Court may direct. The defendant shall, unless otherwise directed continue to deposit such amount till the decision of the suit. In the event of any defaulting in making the deposits, as aforesaid, the Court may subject to the provisions of sub-rule (2) strike off the defence. "

( 6 ) IN a suit between the landlord and tenant after the tenancy was determined by the landlord if, no payment is made by the tenant at the agreed rate also and under such circumstance if it appears that unless and until decree for mesne profits is passed the landlord will not be in a position to get the compensation or money for use and occupation of tenant of his premises then in order to mitigate the agony of the landlord is not receiving the payment for use ad occupation by tenant at least at agreed rate of the rent for a long period till decision of the suit, the power to pass on interlocutory order in the nature of Order 15-A, Rule 1 of C. P. C. has been conferred upon the Court, so that till tenant is using the premises of the landlord, he should continue to pay the rent at the agreed rate. Other wise, due to procedural delays caused in the final adjudication of the suit, the interest of landlord would be adversely affected. The power to direct the tenant to deposit arrears of rent and to direct him to continue to make payment to the landlord at the agreed rate is, therefore, a procedural power conferred upon the Court to do justice to the nature of its.

( 7 ) THEREFORE, in all the proceedings for eviction filed under the provisions of the Rent Act the provisions of Order 15-A of C. P. C. is applicable and Cou