IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD DATED: THIS 25th day of March, 2011. PRESENT: THE HON’BLE SRI JUSTICE A. GOPAL REDDY C.R.P.No. 657 of 2011 Between: Aluri Vijaya Nirmala ..Petitioner and Kolipaka Yagnarayana Respondents THE HON’BLE SRI JUSTICE A. GOPAL REDDY C.R.P.No. 657 of 2011 Order: This revision petition is filed to revise the order of the learned II Additional District Judge, Vijayawada made in I.A.No. 322 of 2011 in A.S.No.8 of 2011. 2. The petitioner-plaintiff filed the suit for ejectment of the respondent from the plaint schedule property; for arrears of rent of Rs.46,2000 with interest at the rate of 24% per annum from the date of sit till the date of decree and for damages at the rate of Rs.5,000- 00 per month, which was dcreed by the trial court. Aggrieved the same, the defendant carried the matter in appeal before the learned lower appellate court in A.S.No. 8 of 2011, wherein he filed I.A.No. 322 of 2011 for staying the decree stating that he is ready and willing to pay the admitted rent with arrears upto date; hence it is necessary to stay his eviction. 3. The learned appellate judge through the impugned docket order dated:31-01-2011 stayed the execution of the decree on deposit of half of the suit amount along with suits. Questioning the said order, the respondent-plaintiff filed the present revision. 4. Heard the learned counsel for the petitioner-plaintiff and the respondent-defendant. 5. Learned counsel for the respondent, who filed the appeal submits that normally half of the decreetal amount and arrears would be ordered to bepaid for staying the decree during the pendency of the appeal. He also states that the rent is only Rs.1,200-00 per month and not Rs.3,500-00 as claimed by the plaintiff. 6. Sri R.Narasimha Reddy learned counsel for the revision petitioner contends that granting stay on deposit of half of the rents does not arise and the arrears of rent have to be paid for which there cannot be any stay. 7. In paragraph-20 of the judgment of the trial court, the trial court, on appreciation of the admission made by the defendant (DW- 1), about his signatures on ExsA-1 to A-7, which evidence payment of rent for the months upto July, 2007 at the rate of Rs.3,500-00 per month, had rejected the plea of the defendant about the quantum of rent pleaded by him at the rate of Rs.1,200-00 per month instead of Rs.4,200-00 per month and decreed the suit. While granting stay, the lower appellate court has taken into consideration, the said fact and directed for deposit half of the suit amount with costs; but there is no direction for depositing of the future rents. 8. The learned counsel for the respondent has fairly conceded that the defendant is under obligation to pay future rent and there cannot be stay for payment of future rents. 9. Having regard to the above facts and ground (f) of Memorandum of Grounds of appeal (filed before the lower appellate court), wherein it was pleaded that though the rent was enhanced to Rs.4,200-00, but the same was received at Rs.3,500-00, the order impugned herein is modified asunder: “There shall be interim stay on condition of the petitioner/ defendant depositing the entire amount of arrears of rent on or before 15-4-2011 by giving credit to the amount already deposited and continue to deposit the future rent @ Rs.3,500-00 per month from the date of suit till the date of the decree and from the date of decree till 31st March, 2011, by the end of 30—04--2011, and continue to pay the further rent at the same rate on or before 10th of every succeeding month to the credit of the suit. On such deposit, petitioner-plaintiff is entitled to withdraw the same. If any of the amounts as stated above are not deposited within time, the interim stay shall stand cancelled. “ 10. With the modification, the revision petition is disposed of. No costs. ___________________ A. GOPAL REDDY, J. March 25, 2011. *BVS