THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.1184 OF 2006 DATED:31.03.2011 Between: Waheed Bin Mohammed. .... PETITIONER And Niazunnisa Begum. .... RESPONDENT ORDER: This Civil Revision Petition is directed against the order, dated 04.01.2006, in I.A.No.1567 of 2005 in O.S.No.361 of 2003 on the file of the learned Principal Junior Civil Judge, Karimnagar, wherein the said application filed by the respondent herein under Order XV-A (1) CPC for a direction to the petitioner herein to deposit Rs.16,000/- towards arrears of rent and damages @ Rs.4000/- per month from 01.07.2003 till date and also to direct him to continue to deposit the same till eviction, was allowed directing the petitioner herein to deposit the arrears of rent in a sum of Rs.16,000/- till the date of the suit and also further directing him to deposit @ Rs.1840/- per month from the date of the suit till the disposal of the suit. 2. Heard both sides. Perused the record. 3. Petitioner herein is the tenant of the petition schedule premises and the respondent is the landlady. Respondent filed the suit for eviction and for recovery of arrears of rent and for damages. Petitioner filed written statement contesting the suit. It is stated that after settlement of issues trial of the suit was commenced and recording of evidence on both sides was also completed and when the matter was at the stage of arguments, respondent filed I.A.No.1567 of 2005 under Order XV-A (1) CPC seeking the above direction on the ground that the petitioner has not been paying even the admitted rent. Petitioner herein filed a counter opposing the same. Learned Junior Civil Judge vide the impugned order allowed the application as stated above. Subsequently, in pursuance of the directions contained in the order, dated 23.07.2007, in C.R.P. No.4712 of 2006, petitioner deposited a sum of Rs.16,000/- representing the arrears of rent prior to the suit and the same is not disputed by the other side. Petitioner would contend that the original rent was only Rs.1600/- per month and the claim of the respondent @ Rs.1840/- per month is a disputed question of fact to be decided in the suit after trial and therefore he is not liable to deposit the same. 4. Order XV-A (1) CPC contemplates that in a suit for recovery of arrears of rent, defendant while filing his written statement shall deposit the amount representing the undisputed arrears calculated upto that date into Court and shall continue to deposit such amount which becomes payable thereafter within one week from the date on which it becomes due till the judgment is rendered in the suit. In his evidence as D.W.1, as seen from the copy of the deposition filed by the respondent herein, petitioner categorically admitted that the respondent herein is the owner of the suit mulgi and the petitioner is a tenant and he has not been paying the rents since September, 2003. According to the petitioner, the rent is only Rs.1600/- per month but not Rs.1840/- per month as claimed by the respondent. Admittedly, even the said rent of Rs.1600/- per month has not been deposited by the petitioner subsequent to September, 2003. 5. Learned counsel for the petitioner would submit that the matter has reached the stage of arguments and therefore, the suit itself can be directed to be disposed of. 6. Having regard to the fact that the provision contained in Order XV-A CPC casts a distinct liability on the tenant to deposit the arrears of rent till the date of filing the written statement and also to continue to deposit the disputed amount that becomes payable even thereafter, petitioner cannot seek to avoid the said liability simply because the suit has reached the stage of arguments. In the circumstances, inasmuch as the tenancy is not disputed and even according to the petitioner, the admitted rent is Rs.1600/- per month, and that the arrears of rent upto the date of filing of the suit have already been deposited in pursuance of the orders of this Court, petitioner is liable to deposit the admitted rent of Rs.1600/- per month even subsequent to filing of the suit. Petitioner is therefore directed to deposit the arrears of rent subsequent to filing of the suit at the said rate of Rs.1600/- per month within a period of six weeks and continue to deposit the same till the disposal of the suit within one week from the date it becomes due as contemplated under Order XV-A CPC. The amount so deposited shall remain in deposit subject to the result of the suit. Having regard to the fact that the suit is of the year, 2003, and the matter has reached the stage of arguments, the trial Court is directed to dispose of the suit within a period of three months from the date of receipt of a copy of this order. The impugned order is modified accordingly. 7. Accordingly, Civil Revision Petition is disposed of. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 31st March, 2011. Note: Furnish C.C. of the order within one week. B/o Tsy