THE HON’BLE SRI JUSTICE K.C. BHANU C.M.A.No.48 OF 2011 JUDGMENT: This Civil Miscellaneous Appeal, under Order XLIII Rule 1 (r) of the Code of Civil Procedure, 1908 (for short, “C.P.C.”), is directed against the order, dated 05.07.2010, in I.A.No.2766 of 2008 in O.S.No.933 of 2008 on the file of I Additional District and Sessions Judge, L.B. Nagar, Ranga Reddy District, whereunder and whereby, the appellant herein was directed to deposit admitted monthly rents along with arrears of rent for the period of January, 2008 and from April, 2008 to September, 2008. 2. A plea has been taken in the affidavit filed in support of the petition by the respondents herein that the appellant herein issued certain cheques towards rents for the month of January, 2008 in favour of the respondents herein, but, when the said cheques were presented for encashment, they were dishonoured; that therefore, the respondents herein initiated proceedings, under Section 138 of the Negotiable Instruments Act, 1881, against the appellant herein; that they have also issued quit notice to the appellant herein to vacate the premises and hence, the respondents herein filed the suit for eviction, recovery of arrears of rent and to award mesne profits. In the said suit, the present application is filed. 3. In the counter filed by the appellant herein in the trial Court, there is no denial of landlord and tenant relationship between the appellant and the respondents herein and it is stated that the lease deed is unregistered and the respondents herein are not entitled to make any claim. 4. Learned counsel for the appellant herein contended that Order XXXIX Rule 10 C.P.C. has no application; that the appellant is seriously disputing about the rent payable to the respondents herein; that there was no admission with regard to the payment of rent and hence, he prays to set aside the impugned order. 5. A specific plea has been taken in the affidavit filed in support of the application that the rent presently paid by the appellant herein is Rs.54,696/- per month. The said aspect of the case is not denied or disputed specifically in the counter filed in the trial Court. For the purpose of this petition, the rent payable can be accepted. By virtue of High Court amendment in Andhra Pradesh Order XV-A to the C.P.C. is added. As per the said order appellant herein shall deposit the amount representing the undisputed arrears. Mere quoting of wrong provision is not a ground to decline the relief sought for especially when there is dispute with regard to quantum of rent payable and not paid. 6. Even if the lease deed is not registered, the appellant herein is bound to pay the rents. It cannot squat on the property, as it likes. Therefore, the impugned order does not suffer from any infirmities so as to call for any interference by this Court. 7. Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J January 24, 2011 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU C.M.A.No.48 OF 2011 Between: Sehgal Motors Pvt. Ltd. .....PETITIONER AND G. Laxminarayan and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU C.M.A.No.48 OF 2011 January 24, 2011