SRJ 1 wp-470-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.470 OF 2010 Sushila M. Dharmaraj .. Petitioner vs. Vijaya M.Rao .. Respondent Mr. Mohan A. Dharmaraj, for Petitioner. Mr. D.S.Sawant i/b. Mr. R.B.Parab, for Respondent. CORAM :A.S.OKA,J. DATE :1st APRIL,2010 P.C.:- 1] Heard Learned Counsel for the parties. This Court had suggested the parties to come out with a mutually agreed workable arrangement as regards the amounts payable by the Respondent-tenant during the pendency of suit. However, workable arrangement could not be worked out. Hence, the Petition is taken up for final hearing. 2] The Petitioner is the landlord and Respondent is the tenant. A suit for eviction in respect of suit premises which is a residential flat has been filed by the Petitioner which is pending in the Court of Small Cause at Mumbai. An application was made by the Petitioner seeking a direction against Respondent to deposit arrears of standard rent @ Rs.4950/- per month from 1st October, 1997 till 29th February, 2008 and to go on depositing the amount SRJ 2 wp-470-10.sxw at the said rate till the disposal of the suit. The said application was contested by the Respondent. The said application was allowed by the Trial Court. The Respondent preferred a Revision Application before the Appeal Bench of Court of Small Cause. By the impugned order, the Revision Application was partly allowed and the application made by the Petitioner was directed to be heard afresh. 3] The challenge in this Writ Petition under article 227 of Constitution of India is to the order of remand passed by the Appeal Bench of the Court of Small Cause. 4] The result of the impugned order is that as of today, there is no direction issued against the tenant to deposit a reasonable amount towards rent and maintenance charges in respect of the suit premises. 5] Perusal of the documents tendered on record prima facie show that the agreed rent was Rs.750/- per month. The average maintenance and other charges payable to the Co-operative Society in which suit premises is situated, appear to be between Rs.1500 to Rs.2,000/- per month. 6] The impugned order is only an order of remand. The same need not be interfered in writ jurisdiction. However, pending the disposal of the said Application, the Respondent will have to be directed to deposit a reasonable amount. The Respondent is admittedly in possession of the suit premises. It is not in dispute SRJ 3 wp-470-10.sxw that the Respondent is in arrears of rent from September, 1997. The case of the Respondent is that he has been always ready and willing to pay the amount but the Petitioner is not accepting the same. Suffice to say that as of today, the Petitioner has not received the rent from October, 1997 onwards. The suit premises is situated in a Co-operative Society and, therefore, the Petitioner is under an obligation to pay the maintenance charges in respect of the suit premises to the Society. Considering the facts and circumstances of the case, by way of interim arrangement during pendency of the application before the Trial Court, the Respondent will have to be directed to deposit an amount @ Rs.2,500/- per month towards the rent and maintenance charges from 1st October, 1997 onwards till the disposal of the application at Exhibit 14. 7] Hence, Petition is disposed of by passing following order:- (i) The impugned order of remand is confined; (ii) The Respondent is directed to deposit with the Trial Court a sum of Rs. 2,500/- per month from 1st October, 1997 onwards. Time is granted till 31st May, 2010 to the Petitioner to deposit the arrears from 1st October, 1997 till 30th April, 2010 at the rate of Rs.2,500/- per month; (iii) The Respondent shall continue to deposit the amount of Rs.2,500/- per month with the Trial Court on or before 10th day of every month till the disposal of the application at Exhibit 14; SRJ 4 wp-470-10.sxw (iv) The aforesaid arrangement will continue till the application at Exhibit 14 is decided in terms of the impugned order; (v) It is observed that this arrangement is without prejudice to the rights and contention of both the parties in pending of the suit. As and when the amounts are deposited, it will be open to the Petitioner to withdraw the said amounts. The deposit of the amounts and the withdrawal thereof will be without prejudice to rights and contentions of both the parties. The same will be subject to final order which may be passed on the application at Exhibit 14. (vi) All contentions of the parties in the application at Exhibit 14 are kept open. Trial Court will decide the application at Exhibit 14 expeditiously and preferably on or before 31st August, 2010. (vii) Writ Petition is disposed of in the above terms. (A.S.OKA,J.)