THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.1047 2009 ORDER: The petitioners filed O.S.No.1350 of 2003 against the respondent in the Court of the IX Additional Senior Civil Judge (Fast Track Court), City Civil Court, Hyderabad for eviction of the respondent from the suit schedule premises. It was pleaded that the premises was leased to the respondent on the basis of a lease deed, dated 14.09.2000, on a monthly rent of Rs.15,000/- and it committed default in payment of rents. The trial of the suit commenced. About three years after filing of the suit, the petitioners filed I.A.No.229 of 2006 under Order XV-A C.P.C with a prayer to direct the respondent to deposit the arrears of rent. They pleaded that ever since the commencement of lease, the respondent did not pay any rent at all. The respondent filed a counter-affidavit. It was pleaded that on account of non- cooperation on the part of the petitioners, the premises were not put to use till August, 2005 and that substantial amounts have been paid towards advance and for carrying out necessary alterations. The trial Court passed an order, dated 27.06.2008, directing the respondent to pay the arrears of rent from September 2005 onwards at the rate of Rs.15,000/- per month. The petitioners feel aggrieved by the order under revision in so far as it did not provide for payment of arrears of rent from the date of filing of the suit. Heard Sri A.M.Srinivasa Rangachary, the learned counsel for the petitioners and Sri N.Vidya Prasad, the learned counsel for the respondent. There is no dispute as to the relationship of lessor and lessee between the petitioners and the respondent. The suit was filed for eviction of the respondent. During the pendency of the suit, Order XV-A C.P.C. came into force. It provides for filing of an application by a plaintiff in a suit of this nature, to insist on the defendant therein to pay the rents. The trial Court is conferred with the power to pass orders directing payment of rents, and in default, to forfeit the defence. The petitioner filed I.A.No.229 of 2006 claiming the relief under Order XV-A C.P.C. There was a serious dispute as to when exactly the possession of the premises was delivered. As a matter of fact, by the time the I.A. came to be disposed of, the trial itself was reaching finality. The trial Court took the excerpts of evidence on record and expressed a prima facie view that the respondent did not have effective possession of the premises up to August, 2005. Having expressed such a view, it allowed the I.A., directing payment of rents at the rate of Rs.15,000/- per month from September, 2005 onwards. This Court is not inclined to interfere with the order under revision. The reason is that the view expressed by the trial Court is not final, be it as regards the date of delivery of possession. The scope of enquiry in an application under Order XV-A C.P.C. is very limited. Hence, the civil revision petition is dismissed. It is, however, made clear that the view expressed by the trial Court in the order under revision shall not have any basis or bearing upon the adjudication of the suit. The rights of the parties shall be adjudicated on their own merits. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:11.08.2009 kdl