THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION Nos. 138 of 2010 & 220 of 2010 COMMON ORDER: 1. At the request of both the counsel, both the revisions are being disposed of, by this Common Order. 2. Civil Revision Petition No.138 of 2010 is filed challenging the order dated 02.12.2009 in I.A. No.769 of 2009 in I.A. No.724 of 2008 in O.S. No.586 of 2008, on the file of the V Senior Civil Judge, City Civil Court, Hyderabad, whereunder and whereby petition filed under Order IX Rule 7 read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) to set aside the ex parte order dated 29.06.2009 in I.A. No.724 of 2008, was dismissed. 3. Civil Revision Petition No.220 of 2010 is filed against the order dated 02.12.2009 in I.A. No.1409 of 2009 in O.S. No.586 of 2008, on the file of the V Senior Civil Judge, City Civil Court, Hyderabad, whereunder and whereby petition filed under Order XV-A Rule 2 read with Section 151 CPC to strike off the defence of the defendant in the suit for non-compliance of the order passed in I.A. No.724 of 2008, was allowed as the admitted rents have not been deposited. 4. The petitioner in the revisions is the defendant/tenant, and the respondent in the revisions is the plaintiff/landlord, in the suit. 5. It is the contention of the learned counsel for the landlord that the monthly rent payable for the schedule property by the date of filing of the suit is Rs.25,000/-, whereas the contention of the learned counsel for the tenant is that the monthly rent payable by the date of filing of the suit is Rs.15,396/-. The learned counsel for the landlord further contended that in pursuance of the lease deed, the tenant is continuing in possession, and that the terms and conditions of the lease deed have not been incorporated in the impugned orders as to how the landlord is entitled for the rent of Rs.25,000/- per month. This aspect of the case can be decided only after evidence is let in, by both the parties in the suit, because determination of the rent has to be done basing on the evidence coupled with the recitals in the lease deed. 6. However, to safeguard the interests of both the parties, the tenant is directed to deposit the rents @ Rs.20,000/- per month from the date of filing of the suit. The tenant shall deposit the arrears within a period of six months from today and shall continue to deposit at the same rate on or before 10th of every succeeding month. On such deposit, the landlord is entitled to withdraw the same without furnishing any security. If the tenant fails to deposit the arrears or the rent for any month, as directed, the defence shall stand struck off and the landlord can proceed further with the case. 7. With the above observation, the Civil Revision Petitions are disposed of. No costs. However, the trial Court is directed to dispose of the suit as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order, subject to other part heard and old matters. --------------------- (K.C.Bhanu, J.) 13.04.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU COMMON ORDER IN CIVIL REVISION PETITION Nos. 138 of 2010 & 220 of 2010 13.04.2010 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION Nos. 138 of 2010 & 220 of 2010 13.04.2010 Civil Revision Petition No.138 of 2010: Between: Kusum Agarwal …Petitioner And Uma Bai Badrinath …Respondent Civil Revision Petition No.220 of 2010: Between: Kusum Agarwal …Petitioner And Uma Bai Badrinath …Respondent