ORDER :

This civil revision petition is filed under Article 227 of the Constitution of India by the petitioner/plaintiff assailing the dismissal of I.A.No.840 of 2022 in O.S.No.4868 of 2021 on the file of IX Junior Civil Judge, City Civil Court, Hyderabad.

2. This application in I.A.No.840 of 2022 is filed under Order XV-A read with Section 151 of Civil Procedure Code (for short ‘CPC’) to direct the respondents/defendants to deposit the arrears of rents @ Rs.15,000/- per month from May, 2021 onwards till disposal of the Original Suit. The trial Court, upon hearing both sides, dismissed the said application with an observation that as per Order XVA of CPC only the admitted arrears of rent can be directed to be paid by the defendants and there is a serious dispute with regard to the arrears of rent and that it can be adjudicated only at the time of trial and as such, the application filed by the plaintiff was dismissed. Feeling aggrieved by the order impugned dated 03.08.2021 in I.A.No.840 of 2021 this civil revision petition is filed by the petitioner/plaintiff.

3. Notice served on the respondents/defendants. But there is no representation. Heard learned counsel for the petitioner/plaintiff. The submissions made by him have received due consideration of this Court.

4. Point for consideration is :

Whether the order impugned is sustainable or warrants interference by this Court?

Point:

5. Be it stated that the plaintiff has filed Original Suit in O.S.No.4868 of 2021 against the defendants for eviction and recovery of peaceful possession in respect of suit schedule property and also for recovery of arrears of rents from May, 2021 onwards.

6. The defendants have filed written statement on 06.05.2022. On a plain reading of written statement, the jural relationship between the parties is not in dispute. However, it is contended in paragraph No.9 of the written statement that from November, 2021 onwards till the end of May, 2022 rents were not paid and that from May, 2021 till October, 2021 rents were paid by the defendants @ Rs.15,000/- per month. The defendants have not filed any piece of paper in proof of the fact that they have paid the rents from May, 2021 to October, 2021.

7. It is the specific case of the plaintiff that the rents were only paid till April, 2021 and thereafter since May, 2021 the defendants have failed to pay the rents and avoiding to answer the plaintiff’s calls. Thereupon, the plaintiff has got issued a notice under Section 106 of Transfer of Property Act on 09.08.2021 terminating the tenancy w.e.f. August, 2021 and demanded vacant possession of the suit schedule property. Even in paragraph No.8 of the counter, filed in I.A.No.840 of 2021 the defendants have taken a plea that the rent is due from November, 2021 till May, 2022. Thus, admittedly the defendants have to pay the rents from November, 2021 till May, 2022 and thereafter they have also failed to pay the rents. But the defendants having pleaded that from May, 2021 to October, 2021 they have paid rents, failed to establish the same before the trial Court and they remained absent without any representation despite service of notice before this Court.

8. In a suit for recovery of possession and arrears of rent, mesne profits, considering the scheme of Order XVA of CPC and also admitted jural relationship of landlord and the tenant, the trial Court ought to have issued a direction to the respondents/defendants to pay the admitted arrears of rents and to continue to deposit the rent amount, which becomes payable during pendency of the proceedings. If the defendants commit default in making such payment/deposit, the trial Court shall also strike out the defence and plaintiff is entitled to withdraw the said amount. That being the legal position, the Court below failed to appreciate the facts of the case in conformity with the legislative intension under Order XV-A, Rules 1 and 2 of CPC.

9. In M.B. Chander and others v. M/s. Balakrishna Rao Charitable Trust, Hyderabad, r