ORDER

This petition by the defendant in O.S.No.25270/2021 on the file of the XIII Addl. City Civil & Sessions Judge, Mayo Hall Unit, Bangalore is directed against the impugned order dated 15.12.2022 whereby the application I.A.No.5 filed by the respondent-plaintiff under Order 39 Rule 10 r/w Section 151, CPC for a direction to the petitioner-defendant to deposit the arrears of rent and continue to deposit future rent was partly allowed by the Trial Court which directed the petitioner to deposit admitted arrears of rent of Rs.31,82,500/- and also to continue to deposit the admitted monthly rent of Rs.2,70,000/- from 05.02.2023 till disposal of the suit.

2. A perusal of the material will indicate that the respondent-

plaintiff instituted the aforesaid suit against the petitioner-defendant for ejectment of arrears of rent, main profits and other reliefs in relation to the suit schedule immovable properties. In addition to contesting the said suit, by filing the written statement, petitioner- defendant also put forth a counter claim against the respondent- plaintiff towards alleged loss said to have been caused to the petitioner-defendant on account of the respondent-plaintiff. During the pendency of the suit, the respondent-plaintiff having filed the instant application for a direction to the petitioner and opposed the same, the Trial Court proceeded to pass the impugned order partly allowing the said application, aggrieved by which the petitioner is before this Court by way of the present petition.

3. A perusal of the material on record will clearly indicate that the Trial Court has taken into consideration the rival contentions including the pleadings of the parties and material on record and had come to the correct conclusion that the admitted monthly rent was Rs.2,70,000/- per month and at any rate, the petitioner was liable to pay Rs.31,82,500/- from the date of the suit till December 2022 and to continue to pay an admitted monthly rent of Rs.2,70,000/- from 05.02.2023 till disposal of the suit. While arriving at the said conclusion, the Trial Court held as under:

:: ORDERS ON IA NO.5 ::

This is an application filed by the plaintiff under order 39 rule 10 read with section 151 of CPC seeking direction to the defendant to deposit sum of ` 47,83,342/= being the rent, maintenance and GST dues till date and also future rent at the rate of Rs.3 Lakhs per month.

2.

The present application was filed at the stage after the matter was posted for plaintiff’s ex parte evidence and when the case was posted for objections and hearing to application filed by defendant for setting aside the orders placing the defendant ex parte.

3.

The defendant has filed detailed objections to the present application.

4. I have heard both sides and perused the records of the case.

5.

The only point that arises for my consideration is;

Whether the present application deserves to be allowed and defendant should be directed to deposit the amount as sought for in the present IA?

6.

My answer to the above point is as per finding for the following;

:: REASONS::

7.

The facts in brief are that, the plaintiff has filed the present suit on the premise that, the plaintiff is the landlord and the defendant is the tenant under the plaintiff on monthly rent of :t 2,70,000/= under the lease deed dated 07/02/2019 which was for a period of 5 years with lock in period of 3 years. Pleading that defendant has been irregular in payment of rent and consequently the tenancy has been terminated by legal notice dated 04/11/2020 and defendant has not complied with the same in spite of due service of the legal notice by email, the present suit is filed for ejectment/eviction of the defendant from the suit schedule premises (it appears by inadvertence the schedule is not mentioned in the plaint) and for recovery of the outstanding amount of 't 19,47,546/= along with interest from the Defendant.

8.

Initially the defendant was placed ex parte and when the matter was posted for plaintiff’s ex parte evide