THE HON’BLE SRI JUSTICE A.GOPAL REDDY C.R.P.No. 5695 of 2009 ORDER: The petitioner-landlady filed this revision under Article 227 of the Constitution of India assailing the correctness of the docket order dated 23.11.2009 passed by the II Additional Junior Civil Judge, Vijayawada in R.C.C.No.93 of 2002. The above R.C.C was filed by the petitioner-landlady for eviction of the respondent-tenant. In the said case I.A.No.1067 of 2008 was filed by her seeking a direction to the respondent-tenant to deposit the arrears of rent from September, 2000 onwards. The II Additional Junior Civil Judge, Vijayawada allowed the said I.A. on 24.07.2009 directing the tenant to pay the arrears of rent from September, 2000 onwards at Rs.350/- per month till 24.07.2009 which includes the arrears of rent of Rs.33,600/- claimed by the petitioner, within one month from the date of the order or else next step will be followed as per the provisions under Section 11 (4) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short “the Act”). The respondent-tenant deposited only Rs.33,600/- but not the amount accrued i.e., monthly rent payable at Rs.350/- per month. The lower Court by the impugned docket order held that the respondent- tenant though did not place any material but contended that by mistake in calculation he could not pay the balance amount and after realising the mistake when he offered the amount, the petitioner did not accept the same. Questioning the same, the present revision is filed. Learned counsel for the petitioner-landlady rightly contended that as per Section 11 (1) of the Act no tenant against whom an application for eviction was made shall be entitled to contest the application before the Controller unless he has paid to the landlord or deposits with the Controller all the arrears of rent due in respect of the building up to the date of payment or deposit and continues to deposit any rent which may subsequently become due. Mere payment of the amount of Rs.33,600/- itself is not sufficient. The respondent shall continue to pay Rs.350/- per month for subsequent months from the date of the order i.e., 24.07.2009. In the absence of payment of the amount, the controller shall stop all the proceedings and make an order directing the tenant to put the landlady in possession of the building. Having regard to such mandate envisaged under Section 11 (4) of the Act and having regard to the fact that the tenant failed to show sufficient cause to the contrary, the discretionary order passed by the learned Judge as per his whims and fancies cannot be sustained and the same is liable to be set aside and accordingly set aside. The revision is accordingly allowed. No costs. A.GOPAL REDDY,J Dt. 15.04.2011 lvl THE HON’BLE SRI JUSTICE A.GOPAL REDDY C.R.P.No. 5695 of 2009 Dt. 15.04.2011