THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.541 of 2011 Date of Order: 25-02-2011 Between: M.Venkanna ..Petitioner And P.Ananda Mohan Rao ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.541 of 2011 ORAL Order: In the suit filed by the plaintiff for eviction of the petitioner/defendant from the suit schedule property and recovery of the possession, an I.A.No.675 of 2010 under Order XV-A and Section 151 CPC was filed to direct the defendant to deposit arrears of rent due from 21-05-2009 at Rs.12,000/- per month till the disposal of the main suit. The petitioner/defendant filed a counter admitting quantum of rent at Rs.12,000/- per month; commencing lease period from 21-01- 2009 and payment of rents through cheques. The defendant failed to substantiate payment of rents from 21-05-2009 to February, 2010 either by cash or through cheques. Admittedly, he is maintaining a canteen and no accounts are produced to substantiate about payment of rents as alleged by him. In view of the same, the lower court allowed the I.A. directing the petitioner to deposit the arrears of rent at Rs.12,000/- per month from 21-05-2009 and continue to deposit the same till the disposal of suit within one month and permitted the respondent/plaintiff to withdraw the same. Questioning the correctness of the same the present revision is filed under Article 227 of the Constitution. Learned counsel for the petitioner contends that the petitioner is agreeable to deposit the rents from February, 2010 onwards in the lower court, but the said amount should be kept in deposit to the credit of the suit till the disposal of the suit and the respondent/plaintiff should not be permitted to withdraw the same. This Court do not find any merit in the submission of the learned counsel because once the relationship of landlord and tenant is accepted, the petitioner is bound to deposit the rents; and when he failed to substantiate about payment of rents the lower court rightly directed him to deposit the rents. In view of the same, no infirmity is discernable to the order passed by the lower court warranting interference. The Civil Revision Petition is accordingly dismissed. However, time for deposit of rents is granted till 15-03-2011. In default, the respondent/plaintiff is entitled to proceed with the matter. No costs. _________________ A.GOPAL REDDY, J. 25-02-2011 Murthy