IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 432 OF 2008 SEVERINA ERMELINDA MONTEIRO ... Petitioner Versus SHANCUILA RAMUNG AND ANR., ... Respondents Mr. P. Rao, Advocate for the petitioner. Mr. A. Bhobe, Advocate for the respondents. Coram:- C. L. PANGARKAR, J. Date:- 30th March, 2009 P.C. This writ petition has been filed by the original plaintiff. The plaintiff instituted a suit against the defendants for eviction and arrears of occupation charges. The petitioner's contention was that the defendants were illegally occupying the premises and were therefore, liable to pay to the petitioner a sum of Rs.20,000/- per month during peak season and Rs.10,000/- per month during non-peak season. The defendants were called upon to vacate and pay the amount but failed, hence a suit for eviction. 2. The defendants resisted the suit and claimed that they were lawful tenants and the rent was fixed at Rs.2500/- per month. 3. The plaintiff moved an application under Order 15-A of the Civil Procedure Code praying that the defendants should be directed to pay occupation charges. The said application was resisted by the defendants. The learned Judge rejected the application on the ground that the defendants were tenants and the plaintiff did not agree that the defendants were tenants. The learned Judge dismissed the application under Order 15-A. Being aggrieved by that, this writ petition has been preferred. 4. I have heard the counsel for the petitioner and the respondents. I was taken by the learned counsel for the petitioner through the contents of paragraph 11 of the reply filed by the defendant under Order 15-A. The defendants have shown readiness and willingness to pay Rs.2500/- per month as rent. In view of this admission, the learned Judge ought not to have rejected the application under Order 15-A. The suit is also covered under Order 15-A. In view of this, an order should have been passed by the learned Judge under Order 15-A granting the application. 5. Since I find that the defendants have shown readiness and willingness to pay Rs.2500/- per month as rent towards occupation charges, an order should follow. In view of this, writ petition is allowed. The order passed by the Trial Court is set aside. The defendants are directed to pay every month a sum of Rs.2500/- towards occupation charges. The amount shall be paid directly or it may be deposited in the Court. The plaintiff shall be at liberty to withdraw the said amount. The arrears from August 2006 may be deposited within a period of four weeks. Writ petition stands disposed of. None of the observations of this Court should come in the way of the Trial Court while deciding the suit on merits. C. L. PANGARKAR, J. lh/.