THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.2009 of 2010 Date:18th February, 2011 Between: 1. Social Welfare Educational Society rep. by Sri P.Srinivas & Anr. ..... Petitioners/Defendants AND Badam Ramaswamy Charitable Trust, Hyderabad, rep. by Managing Trustee Sri Badam Balakrishna .....Respondent/Plaintiff *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.2009 of 2010 ORDER: This Civil Revision Petition is directed against the order, dated 19.04.2010, passed in I.A.No.283 of 2009 in O.S.No.110 of 2005 on the file of I Additional Senior Civil Judge (Fast Track Court), Mahabubnagar, whereby and whereunder the learned Additional Senior Civil Judge allowed the application filed by the plaintiff under Order 15-A r/w. Sec.151 CPC and directed the defendants, who are the petitioners herein, to pay arrears of rent from September, 2005 to September, 2009, within 10 days and continue to pay or deposit subsequent monthly rent. 2. Heard learned counsel appearing for the petitioners/defendants and learned counsel appearing for the respondent/plaintiff. 3. Learned counsel appearing for the petitioners/defendants submits that the petitioners constructed toilets and made certain alterations by spending huge amounts and the said amount are to be deducted towards the rents. 4. Learned counsel appearing for the respondent/plaintiff supported the order impugned in the revision. A further submission has been made that the petitioners have not been depositing the rents even after the impugned order. 5. The petitioners/defendants are the tenants of the premises owned by the respondent/plaintiff. The suit is filed by the plaintiff for eviction and recovery of the rents. Pending the suit, the respondent/plaintiff filed I.A.No.283 of 2009 in O.S.No.110 of 2005 under Order 15-A r/w.Sec.151 CPC seeking direction to the respondents/defendants to pay arrears of rent of the suit premises from the date of filing of the suit i.e., from September, 2005 till the date of filing of petition i.e. September, 2009 and continue to pay or deposit the said rent pending disposal of the suit. The petitioners/defendants resisted the said application. They pleaded that they spent considerable amount for construction of toilets and for making certain alterations and therefore, they are entitled for deduction of the amounts spent by them towards the arrears of rent. The trial Court, on considering the material brought on record and on hearing the counsel appearing for the parties, proceeded to allow the application filed by the plaintiff and directed the defendants to pay the arrears of rent from September, 2005 to September, 2009, within 10 days and continue to pay or deposit subsequent rent, by order dated 19.04.2010. The said order is assailed in this revision. The petitioners/defendants moved CRPMP No.2688 of 2010 seeking interim stay of all further proceedings in O.S.No.110 of 2005 on the file of I Additional Senior Civil Judge (Fast Track Court), Mahabubnagar. This Court granted extension of time for deposit of the arrears till the end of June, 2010, on 05.05.2010. On 16.07.2010, the order passed on 05.05.2010 came to be modified directing the petitioners to deposit an amount of Rs.4,00,000/- to the credit of the suit. The order, dated 16.07.2010, reads as hereunder: “It is apparent that the order dated 05.05.2010 passed by this Court has not been complied with. However, learned counsel for the petitioners submits that the petitioners are willing to deposit an amount of Rs.4,00,000/- within a period of eight weeks from today. Having regard to the aforesaid submissions of the learned counsel for the petitioners, petitioners are directed to deposit an amount of Rs.4,00,000/- (Rupees Four Lakhs only) to the credit of the suit, within a period of eight weeks from today. It is made clear that if the petitioners fail to comply with this order, their defence will be struck of.” Subsequently, the petitioners/defendants filed CRPMP No.6475 of 2010 seeking for extension of time. The said application came to be ordered on 03.11.2010. The order passed in the said application reads as hereunder: “Heard counsel appearing for the parties. In view of the reasons stated in the affidavit, time allowed to the petitioner for depositing Rs.4,00,000/-, as ordered by this Court in C.R.P.M.P.No.2688 of 2010, dated 16.07.2010 is extended by ten more days. The I Additional Senior Civil Judge, Fast Track Court, Mahaboobnagar is directed to receive the demand draft dated 20.09.2010 which has been enclosed to the lodgment schedule. Accordingly, the petition is ordered.” It is now brought to my notice that the petitioners deposited Rs.4,00,000/- and the same has been withdrawn by the respondent/plaintiff. The petitioners/defendants took the plea in the counter that they spent amounts towards alterations to the suit schedule property and they are entitled for deduction of the amounts spent by them from the rents to be paid. The question as to what extent the petitioners made alterations and what is the amount spent by them are required to be examined in the suit. It is suffice to say that the petitioners/defendants deposited an amount of Rs.4,00,000/- pursuant to the interim orders passed by this Court. In that view of the matter, the order impugned in the revision is hereby modified restricting the arrears for the present to Rs.4,00,000/-, which had already deposited, and the petitioners/defendants shall continue to deposit the rent commencing from the month of July, 2010. Arrears payable as on this day shall be paid within eight weeks and continue to deposit the admitted rent by 10th of every succeeding month, failing compliance of any of the above referred conditions, the order impugned in the revision shall stand restored. 6. Accordingly, the Civil Revision Petition is disposed of. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:18th February, 2011. cs THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.2009 of 2010 Date:18th February, 2011