THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR C.R.P. No. 944 of 2011 Order: This revision is directed against the order dated 19.01.2011 passed in I.A. No.2612 of 2010 in I.A. No. 1332 of 2009 in O.S. No. 165 of 2005 by the VII Additional Senior Civil Judge, Ranga Reddy District, at L.B. Nagar. The petitioner herein is the defendant in O.S. No.165 of 2005. The respondent herein filed the suit against the petitioner seeking eviction from the suit schedule property after issuing notice under Section 106 of the Transfer of Property Act, 1882 (for short ‘the Act’) terminating the tenancy. The petitioner filed his written statement taking various grounds including the validity of termination of tenancy. Issues were framed and the plaintiff’s side evidence was over. On behalf of the defendant chief examination affidavit of DW.1 was filed and the case was coming up for cross-examination of DW.1. At that stage, the respondent herein filed an application in I.A. No. 1332 of 2009 in O.S. No. 165 of 2005, under Order XV-A Rule 1 of CPC to strike off the defence of the petitioner/defendant for non-payment of rents and that the lower Court passed orders directing the petitioner herein to pay the arrears of rents from January 2005 on or before 02.08.2010 and specifically observed that in default thereof to strike off the defence of the petitioner herein. The order also reveals that the petitioner was directed to pay agreed rent @ Rs.11,000/- per month regularly on or before 5th day of every month. Then the petitioner herein filed IA No.1667 of 2010 requesting the lower Court to enlarge time by three weeks for compliance of the orders passed in IA No.1332 of 2009, dated 13.07.2010 and the lower Court, passed orders on 09.09.2010 allowing the said application and enlarged time to pay the arrears of rent from 02.08.2010 to 20.09.2010. Meanwhile, challenging the orders in I.A. No.1332 of 2009 the petitioner preferred CRP No.3875 of 2010 and this Court, by an order dated 26.11.2010, disposed of the said CRP by observing as follows. “The learned counsel for the petitioner did not dispute the justification of the order under revision, but prayed that the petitioner be granted instalments to pay the admitted arrears of rent. This request of the petitioner cannot be considered by this Court, and it is for the Court, which passed the order, to consider. However, the petitioner is at liberty to make his request for payment of the admitted rents in instalments before the Court below.” This court also observed that no interference is called for by this Court particularly when the order passed by the lower Court is just and equitable order. After disposal of the revision petition the petitioner again filed IA No.2612 of 2010 seeking reasonable instalments to pay the balance rental amount of Rs.5,94,000/-. Then the lower Court, having regard to the provisions of Order XV-A Rule 1 CPC and having observed that the petitioner did not choose to pay a single pie either to the respondent/plaintiff or deposited into the Court, dismissed the said application. Admittedly, in the written statement the petitioner herein averred that the admitted rent is Rs.11,000/- per month. This fact is not in dispute. It is also not in dispute hat though the suit was filed in 2005 till this day the petitioner has not paid a single pie towards the arrears of the rent. It is also clear that the lower Court has granted time up to 20.09.2010 and in spite of granting time the petitioner failed to pay arrears of rent. Admittedly, the orders striking off the defence of the petitioner/defendant have become final. In the circumstances, I do not see any reason to interfere with the well reasoned order passed by the lower Court. Accordingly, the CRP is dismissed. However, this order will not come in the way of the petitioner depositing the rents into the lower Court or in paying the arrears of rent to the respondent. On such deposit, the respondent is permitted to withdraw the same without furnishing any security. However, in the circumstances, no costs. ___________________ B. CHANDRA KUMAR, J. Date: 18.03.2011 Nsr