HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.5585 of 2007 Dated 28-01-2011 Between: K.Subash. …Petitioner. And: B.Venkatesh @ Srinivas. …Respondent. HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.5585 of 2007 ORDER: This revision is by the defendant who is the tenant, seeking to question the order passed by the trial Court in exercise of its powers under Order 15 (A) C.P.C. directing the petitioner herein to deposit the balance amount of Rs.400/- per month towards arrears of rent from October, 2002 onwards pending disposal of the suit and to continue to deposit the rents at the rate of Rs.1100/- per month. The respondent/landlord’s contention that the arrears of rent are due from January, 2002 onwards was prima facie not accepted and the Court below observed in the impugned order that whether there are arrears payable from January, 2002 to October, 2002 will be decided during the trial of the suit. Heard both the learned counsel. The impugned order has been passed by the Court below primarily on the ground that the petitioner/tenant has admitted in the counter that he has paid rent upto October, 2002 and he is ready to deposit the arrears from October, 2002 onwards. A copy of the counter is placed before the Court and it is evident that there is no admission by the petitioner/tenant, as understood by the Court below. The order apparently is based on misconception and the merits of the case have not been discussed under the impugned order. Learned counsel for the respondents fairly admits that there is no admission by the tenant as erroneously understood by the Court below. However, both the counsel advanced arguments on merits. I am however not inclined to accept contentions of respondent on merits for two principle reasons. An application under Order 15 (A) C,.P.C. was filed by the plaintiff/landlord five years after the suit for eviction was filed and secondly, the impugned order has been under stay by the orders of this Court in the present C.R.P. since 14-12-2007. Moreover, the suit for eviction is already part heard and is ripe for disposal in about next two months. At this stage therefore passing of an order in the nature of directing deposit of admitted rents would not be appropriate especially in view of the fact that there is a dispute between the parties with regard to the quantum of rent. It is not in controversy that the petitioner/tenant is depositing rent at the rate of Rs.700/- per month and Rs.400/- per month is in dispute by the tenant on the ground that he is not the tenant but his wife is tenant and the rent payable by her is Rs.400/ per month. That part of the contention of the tenant is subject matter of the suit. I am therefore not inclined to allow I.A.No.695 of 2007 filed by the landlord under Order 15 (A) C.P.C. The impugned order is accordingly set aside and the revision is allowed. There shall be no order as to costs. The Court below shall take up and decide O.S.No.6913 of 2002 which is already part heard, in any case before the end of April, 2011. Pending this revision, this Court had directed the tenant to deposit the arrears at the rate of Rs.400/- per month subject to the orders in the C.R.P. and the direction as to deposit all further rents as per the impugned order was stayed. In the circumstances therefore, I deem it appropriate to permit the respondent/landlord to withdraw the amount deposited by the petitioner in pursuance of interim orders of this Court in C.R.P.M.P.No.7377 of 2007 dated 14-12-2007. However, such withdrawal shall be subject to the final judgment and decree in the suit. _____________________________________ JUSTICE VILAS V. AFZULPURKAR Dated 28-01-2011 Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.5585 of 2007 Dated 28-01-2011