IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3141 OF 2009 Between: M/s. Lakshmi Mechanical Works .....PETITIONER AND B. Ganesh Rao, S/o. Late B.Shankaraiah ....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3141 OF 2009 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 18.06.2009, in I.A.No.2274 of 2008 in O.S.No.625 of 2008 on the file of III Senior Civil Judge, City Civil Court, Secunderabad, whereunder and whereby, the petitioner herein was directed to pay the rent from December, 2008 up to the date of passing of the order in I.A. at the rate of Rs.3,840/- per month on or before 10.07.2009 and continue to pay the same on or before 10th of each succeeding month, pending disposal of the suit. 2. Learned counsel for the petitioner contended that one of the sons of the land lady gave notice to the petitioner stating that he has got a share in the property and disputed about the gift deed executed by his mother/land lady to one of his brothers; and that prior to the notice, dated 05.09.2008, the petitioner had been paying the rent at Rs.2,880/- per month to the respondent and hence, he prays to set aside the impugned order. 3. Learned counsel for the respondent contended that the petitioner has deposited Rs.3,840/- per month towards rent up to June, 2008 and thereafter he committed default in payment of monthly rent from July 2008; that by virtue of the notice, dated 05.09.2008, issued by the respondent, the petitioner sent the rent for the month of July and August, 2008 through cheque with covering letter and therefore, at this stage it can be inferred that the rent payable is Rs.3,840/- per month and the petitioner is bound to deposit the same and hence, he prays to dismiss the revision petition. 4. It is contended by the learned counsel for the petitioner that prior to the notice the petitioner had been depositing the rent at the rate of Rs.2,880/- per month and therefore, he has to deposit the rent at that rate only. But, the same cannot be accepted at this stage in view of the fact that the admitted rent payable by the petitioner is not determined by the Court. Further, it cannot be said that the admitted rent payable by tenant is Rs.2,880/- per month. Hence, the petitioner herein is directed to deposit the rent due at the rate of Rs.3,840/- per month on or before 5th of every succeeding month into the Court. However, it is made clear that the respondent is entitled to withdraw an amount of Rs.2,880/- per month from the Court whenever the petitioner deposits the rent into the Court. The entitlement of the difference amount shall have to be decided in the suit itself. 5. The Civil Revision Petition is disposed of with the above direction. There shall be no order as to costs. _______________ K.C. BHANU, J March 15, 2010 MD/YVL