THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.3071 of 2007 ORDER: The premises owned by the respondent were given on lease to the petitioners for establishment of a hostel. Disputes arose as regards payment of rent, damage to the property and occupation of the premises. The respondent filed O.S.No.643 of 2005 for different kinds of reliefs, including the one for recovery of damages, arrears of rent, eviction from the premises etc. He also filed I.A.No.730 of 2006 under Section 151 C.P.C. with a prayer to direct the petitioners to deposit the arrears of monthly rent up to date and for deposit of future rents every month. The petitioners filed a counter affidavit opposing the I.A. It was pleaded that the premises were vacated way back on 01.11.2003. The trial Court allowed the I.A. directing the petitioners to deposit the arrears of rent as claimed by the respondent within one month. The same is challenged in this revision. Heard the learned counsel for the petitioners and the learned counsel for the respondent. In case the petitioners are still in possession of the premises, they are under obligation to pay the rents during the pendency of the suit for eviction. As a matter of fact, Order XV-A C.P.C. places an obligation upon a lessee to deposit the rent as a condition precedent for taking any defence in the suit. The same principle gets attracted, if the petitioners are in possession of the premises. In categorical terms, they pleaded that they vacated the premises on 01.11.2003. The trial Court did not express any opinion on this plea. Further, the plaint is a bit equivocal as to the existing state of affairs. The concentration was only upon the damage said to have been caused to the premises. A perusal of the pleadings in O.S.No.1807 of 2003 filed by the respondent gives an indication that at that point of time itself, the petitioners were making attempt to vacate the premises. In that view of the matter, the order under revision cannot be sustained. The civil revision petition is accordingly allowed and the order under revision is set aside. The trial Court shall endeavour to dispose of the suit itself within four months from the date of receipt of a copy of this order. There shall be no order as to costs. _________ 12.10.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.3071 of 2007 Date: 12.10.2009 JSU