@JUDGMENTTAG-ORDER
P.S. Narayana, J.@mdashSince both the civil revision petitions are between the same parties and questions involved also being the same, they are being disposed of by this common order.
2. Heard Sri Shyam S. Agarwal, learned Counsel for the revision petitioner, and Sri K. Ramesh representing Sri K. Panduranga Rao, learned Counsel for the respondents, in both the civil revision petitions.
3. Sri Shyam S. Agarwal, learned Counsel for the revision petitioner, would submit that today the learned Counsel received a Pay Order for Rs. 14,000/- i.e., Rs. 7,000 + 7,000/- relating to these civil revision petitions. The learned Counsel also would maintain that in the light of the clear language of Order 15-A of the Code of Civil Procedure, A.P. Amendment, instead of giving suitable directions, dismissing the applications by the learned I-Senior Civil Judge, City Civil Court, Hyderabad, is illegal and unjust. Learned Counsel also would maintain that, in fact, a request was made on behalf of the respondents to make deposit, but the same was not done. The learned Counsel also explained the scope and ambit of Order 15-A of the Code of Civil Procedure, A.P. Amendment, in detail.
4. On the contrary, Sri K. Ramesh representing K. Panduranga Rao, learned Counsel for respondents, would maintain that the respondents have been paying the rents regularly. But however, for certain months, the receipts had not been passed. Learned Counsel also would submit that payment of Rs. 10,000/- had been made to the Counsel representing the revision petitioner before the learned I-Senior Civil Judge, City Civil Court, Hyderabad.
5. Both these civil revision petitions are filed by the petitioner-plaintiff, being aggrieved by the common order made in IA No. 1710 of 2007 in OS No. 1970 of 2006 and IA No. 1711 of 2007 in OS No. 1969 of 2006 respectively. These applications were filed under Order 15-A of the CPC (hereinafter for short referred to as "the Code" for the purpose of convenience) to direct the respondents to deposit arrears of rents and mesne profits pending disposal of the respective suits. It is stated that the suits were filed as against the respondents/defendants for ejectment. It is also stated that the respondents are in arrears of payment of rents from 1.2.2005 to 22.10.2006 at the rate of Rs. 4,000/- per month to a tune of Rs. 82,926/- and further they have to pay mesne profits at Rs. 10,000/- per month from 23.10.2006 to 4.7.2007 to a tune of Rs. 84,333/-, hence, these applications were filed praying for suitable directions, in the light of the specific provisions under Order 15-A of the Code.
6. In the counters, the respondents admitted the jural relationship between the parties. They had taken a stand that they are not in arrears of rent at all and the petitioner, with a mala fide intention, had not issued receipts and, no doubt, certain other averments also had been made. The learned I-Senior Civil Judge, City Civil Court, Hyderabad, having formulated the point for consideration at Paragraph 4, recorded reasons at Paragraph 6 and 7 and, ultimately, dismissed the applications. Hence, these civil revision petitions had been preferred.
7. It may be appropriate to have a took at Order 15-A of the Code, A.P. Amendment, which reads as hereunder:
Order XV-A:
(1) In a suit for recovery of possession, on termination of lease, or licence, with or without a prayer for recovery of arrears of rent, or licence fee, known with whatever description, the" defendant, while filing his written statement, shall deposit the amount, representing the undisputed arrears, calculated upto that date into the Court and shall continue to deposit such amount, which becomes payable thereafter within one week from the date on which it becomes due, till the judgment is rendered in the suit.
(2) Where the defendant pleads in the written statement that no arrears of rent or licence fee exists, it shall be competent for the Court to pass an order in this regard, after affording opportunity to both the parties, and in case any amount is found due, the defendant shall be under obligation to deposit the same, within the time stipulated by the Court and continue to deposit the amount which becomes payable thereafter, as provided under Rule 1:
Provided that the time stipulated for payment of amount, as aforesaid, may be extended by the Court for reasons to be recovered for a period not exceeding 15 days.
If the defendant commits default in making the deposits, as aforesaid, the Court shall strike off the defence.
On such deposit it shall be competent for the plaintiff to withdraw the same.
Explanation : The express "the amount representing the undisputed areas" shall mean the sum of rent, or licence fee, calculated for the period for which is remained unpaid, after deducting from it, any amount.
(a) paid as tax, to a local authority, in respect of the property.
(b) paid to the plaintiff under written acknowledgment; and
(c) deposited into the Court, in any proceedings, in relation to the said property.
8. The language of Order 15-A of the Code aforesaid is clear and self-explanatory. The object with which the same had been introduced need not be elaborated. It is no doubt true that there appears to be some dispute or controversy relating to the payments made for certain period. It is also stated by the Counsel representing the revision petitioner in both the civil revision petitions that the pay order for Rs. 14,000/- i.e., Rs. 7,000/- + 7,000/- in relation to these civil revision petitions had been received today.
9. It is needless to say that as far as the relief relating to the mesne profits is concerned, no appropriate directions can be given at this stage, since the same may have to be decided by the Court below on the strength of the evidence that may be adduced by the parties. However, as far as the admitted rents are concerned, it is needless to say that the respondents are bound to deposit the same when applications are moved under Order 15-A of the Code, A.P. Amendment. If the conditions under Order 15-A of the Code, A.P. Amendment, are satisfied, the Court is duty bound to issue suitable directions for making deposit of the rent.
10. In the light of the same, the impugned order in these civil revision petitions are hereby set aside and the civil revision petitions are, accordingly, allowed, with a direction to the respondents to deposit the rents regularly on or before 10th of every succeeding month, in default the learned I-Senior Civil Judge, City Civil Court, Hyderabad, is at liberty to pass appropriate orders, in accordance with the provisions of Order 15-A of the Code, A.P. Amendment. It is needless to say that the question with regards to the payment of disputed arrears, being a controversial question, may have to be decided by the learned Senior Civil Judge, in the light of the evidence, which may be adduced by the parties. No order as to costs.
