COMMON ORDER:

Both these revision petitions are filed under Article 227 of the Constitution of India against the order dated 28.06.2021 allowing the petitions in I.A.No.756 of 2019 in O.S.No.421 of 2019 and I.A.No.316 of 2019 in O.S.No.420 of 2019 on the file of the Court of Principal Junior Civil Judge, Vijayawada, filed by the defendant in those suits under Order XVA and section 151 CPC seeking permission to deposit monthly rent to the plaintiff from February 2019 pending disposal of the suit.

2. Since both revision petitions have the common grounds and one is connected to the other, this Court is proceeding to pass a common order.

3. The plaintiff is a society. It filed separate suits for recovery of possession of property from its tenant/defendant. The defendants are spouses and took vacant adjoining sites on monthly rent for stipulated time and the defendants together built a hospital as per the registered lease deeds. Before the expiry of lease term, the plaintiff issued notice dt.27.12.2018 informing that the lease is not extended beyond the date of expiry of the lease on 31.01.2019 and asked to vacate. The defendants denied the right of the plaintiff to terminate the lease and claimed that it was agreed to be at least for 50 years and is a permanent lease as mentioned in a letter dated 01.05.1994 and that the lease is renewable at the option of the tenant, but not the lessor and that it is a typo to mention as ‘lessor’ instead of ‘lessee’. Thus, the lessees filed suit O.S.No.39 of 2016 pending on the file of III Additional Senior Civil Judge, Vijayawada for specific performance to extend the lease. With such and other averments, the defendant(s)

filed written statement in the present suits opposing the relief.

4. Pending the suit, the above petitions were filed on 12-04-2019 stating that the plaintiff had received monthly rental amount till January 2019 and later, the rental amount of Rs.24,666/- (Rs.13,961/- + Rs.10,705/-) for the month of February 2019 was sent by the defendant(s) through a cheque bearing No.031228 dt.06.02.2019 drawn on the HDFC Bank of MG Road branch at Vijayawada, along with a covering letter through registered post, but the cover was refused to be received by the plaintiff and the original cheque was returned along with a covering letter dt.15-03-2019 and likewise, another cheque bearing No.031489 dt.06-03-2019 drawn on the HDFC Bank of MG Road branch at Vijayawada for Rs.24,666/- sent by the defendant(s) along with a covering letter through registered post towards the rental amount for the month of March 2019 also was returned by the plaintiff on 16.03.2019. It is further stated that thereafter the defendant(s) personally endeavoured to convince the plaintiff to receive the amount, but in vain and so the petition(s) is filed.

5. The petitions were opposed by the plaintiff by filing counter stating mainly that Order XVA C.P.C is not applicable to the petitioner(s) as it is meant for the benefit of lessors when there is default in payment of rents since there is an obligation on the lessee to continuously pay the undisputed amount of monthly rent and it is only when there is a dispute of quantity of the amount payable, there can be a summary enquiry to be held and the lessee shall be directed to pay a certain amount, in default to comply the direction, the defence of the lessee in the suit be struck off which is not the present case.

6. It was argued before the trial court by the plaintiff that the defendant shall not be permitted to deposit the rent at that stage as the defendant had not chosen to deposit the admitted arrears of rent on the first hearing i.e at the time of filing the written statement as contemplated under Order XV A CPC and consequently the defence be struck off. The defendant contended that the point in argument was not taken in the counter. Decisions in support of arguments on both sides were cited.

7. The trial Court allowed the petitions observing that there is no averment in the