THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED C.R.P.No.6019 of 2009 ORDER: This civil revision petition is directed against the order dated 26.10.2009 passed in I.A.No.271 of 2008 in O.S.No363 of 2008 by the learned II Additional Senior Civil Judge, Visakhapatnam, wherein the petition filed under Order XV-A CPC seeking to direct the respondent/defendant to pay the arrears of rent for a sum of Rs.2,34,000/- for the period from 01.03.2007 to 29.02.2008 within the time fixed by the Court and to continue to pay the future rents at the rate of Rs.19,500/-per month, was allowed. 2. The petitioner herein is the defendant and the respondents herein are the plaintiffs in O.S.No.363 of 2008 filed for eviction and recovery of arrears of rent and damages. The petitioner is the tenant in the suit schedule property from 01.10.2006 on a monthly rent of Rs.19,500/-, out of which, Rs.10,000/-was fixed as rent and Rs.9,500/-as amenities for taxation purpose. The petitioner committed default in payment of rent from March, 2007 onwards. The proceedings with regard to dishonor of cheque were also pending. The respondents issued Quit notice dated 24.01.2008 to the petitioner, but in vain. Since the petitioner is not paying the rents, respondent filed the said I.A., and the same was allowed by the trial Court having observed that the petitioner has paid rent for some time at the rate of Rs.19,500/-per month and now refusing to pay the same is not tenable. Aggrieved by the same, the petitioner filed the present revision petition. 3. Learned counsel for the petitioner vehemently contended that earlier in C.R.P.No.4746 of 2008 dated 06.02.2009 filed against the order passed in the petition filed with the self same relief, this Court remanded the matter to the trial Court for consideration afresh with regard to amenities and therefore, again filing of this petition and the order passed by the trial Court directing the petitioner to deposit the arrears of rent and monthly rent is untenable. He further contended that as the suit is pending, the petitioner has not deposited the rents and that there is a counter claim against the respondents. 4. On the other hand, the learned counsel for the respondents contended that as per the lease deed, the monthly rent is fixed at the rate of Rs.19,500/- per month, out of which Rs.10,000/-is fixed as rent and Rs.9,500/-as amenities for the purpose of taxation though in fact no amenities are provided and that the petitioner failed to pay the rent from March,2007. 5. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 6. Admittedly, the petitioner has paid the rent as per the lease deed till March, 2007 and thereafter, she committed default. Merely because this Court vide order dated 06.02.2009 in C.R.P.No.4746 of 2008 remanded the matter to the trial Court for consideration afresh with regard to the amenities, it cannot be construed that the petitioner can stop the payment of monthly rents to the respondents. Therefore, the trial Court has rightly passed the order impugned, which does not call for interference by this Court. 7. Hence, the Civil Revision Petition is dismissed. The petitioner shall pay the arrears of rent, as directed by the trial Court vide order impugned, within two months from the date of receipt of a copy of this order. No order as to costs. ______________________ GHULAM MOHAMMED, J Date:26.02.2010 sj