ORDER:

This Civil Revision Petition is filed by the petitioner-respondent-

defendant aggrieved by the order dated 29.03.2019 passed in I.A.No.163 of 2018 in O.S.No.16 of 2018 by the learned III Additional District Judge, Gadwal, Mahabubnagar District.

2. The respondent – plaintiff filed O.S. No.16 of 2018 for eviction and recovery of arrears of rent to an amount of Rs.22,21,890/- from 01.03.2015 to 01.07.2018. The suit schedule property is stated to be a building, in which a restaurant by name New Taj Palace was being run along with two shops situated in ground floor of the said restaurant building with two shutters. The rent was claimed @ Rs.55,400/- per month from 01.03.2015 to 01.03.2018 and @ Rs.75,830/- per month from 01.03.2018 to 01.07.2018. Along with the said suit, the respondent – plaintiff filed I.A.No.163 of 2018 under Order XV-A Rule 1 and 2 read with Section 151 of CPC to direct the petitioner – respondent – defendant to pay an amount of Rs.22,21,890/- towards arrears of rent. Along with the petition, the respondent – plaintiff filed an affidavit stating that he entered into a lease agreement with the respondent – defendant on 01.01.2012 for leasing the restaurant by name New Taj Palace restaurant and on 01.03.2012 for leasing the two shops in the ground floor for a period of three years for an amount of Rs.5,000/- per month and to enhance the rent @ 36 % per annum on renewal of the said agreements. He further submitted that the lease period expired on 01.01.2015. He requested the respondent-defendant to vacate the premises. But the respondent – defendant postponed the same and was not paying the rents. As the respondent-defendant was selling tobacco products as against the terms and conditions stipulated in the agreement and was not paying the enhanced rents from the year 2015 as per the original agreement, an FIR was registered by Undavalli Police vide FIR No.116 of 2018 dated 20.06.2018 on the complaint given by him about his illegal business of selling tobacco products against the respondent – defendant under Sections 188, 273 IPC and Section 20(2) of CTPTARTCPSD, and the respondent – defendant was arrested and produced before the Judicial Magistrate of First Class, Alampur. He also made a request to the electrical authorities to disconnect the power supply. Legal notice was issued to the respondent – defendant calling upon to vacate the suit schedule premises by 31.07.2018. But the respondent – defendant did not come forward to vacate the schedule premises or renewal of the lease deed or to pay the enhanced rent @ Rs.75,830/- per month. The respondent – defendant deposited one month rent into his account for the month of July, 2018 on 04.08.2018. The respondent – defendant filed W.P.No.25386 of 2018 on 20.07.2018 against the landlord – plaintiff and the electrical authorities seeking restoration of power supply, which was disconnected on 07.07.2018, the High Court was not inclined to pass any interim orders, but admitted the Writ Petition. The respondent – defendant being the tenant of the suit premises was bound to pay rent till eviction of property. As per Order XV Rule 2, the respondent - defendant was under obligation to deposit the arrears of rent within the time stipulated by the Court and if the respondent - defendant committed default in making the deposits, as ordered by the Court, the Court should strike off the defence and on failure of the respondent – defendant to comply the said order, prayed to forfeit the right of the respondent - defendant to contest the matter.

3. The respondent - defendant filed counter admitting the ownership of the plaintiff over the suit schedule property and entering into an agreement with the plaintiff for running the hotel business on 06.07.2011 at the rent of Rs.30,000/- per month and that the plaintiff received an amount of Rs.9,00,000/- towards advance and another agreement was executed on 01.01.2012 in respect of two shops for a period of three years and received a