IN THE HIGH COURT OF JUDICIATURE, ANDHRA PRADESH, AT HYDERABAD WEDNESDAY, THE 09TH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.4225 OF 2009 Between:- Cheekoti Veeranah & Co., Rep. by its Managing Partner, Mr.C.Rajeshwar Rao …Petitioner A n d Syed Ahmed and another …Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.4225 OF 2009 ORDER: This civil revision petition is directed against the order dated 14-07-2009 in I.A.No.2354 of 2009 in A.S.No.57 of 2008, on the file of the I-Additional Chief Judge, City Civil Court, Secunderabad, wherein the said application filed by the petitioner herein under Order XV-A read with Section 151 CPC for a direction to the respondent to pay arrears of rent of Rs.14,500/- to the petitioner or to deposit the same into Court and also to pay the future rent, was dismissed. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent. Perused the record. 3. The petitioner herein filed the suit against the respondent for eviction from the suit schedule premises situate in Ramgopalpet, Secunderabad an open land admeasuring 550 sq. yards and also for a direction to the respondent/defendant to pay the mesne profits at Rs.15,000/- per month from the date of suit till the delivery of possession. The respondent filed written statement contesting the suit. After full-fledged trial, by judgment dated 17-01-2008, the learned I-Junior Civil Judge, City Civil Court, Secunderabad, decreed the suit directing the first defendant to vacate the suit schedule property within three months and also with a further direction that the plaintiff shall file a separate application for determination of mesne profits, as required under Order XX Rule 12 CPC. Aggrieved by the said judgment and decree, the defendant preferred an appeal in A.S.No.57 of 2008 before the I-Additional Chief Judge, City Civil Court, Secunderabad. During the pendency of the appeal, the plaintiff filed I.A.No.2354 of 2009 seeking a direction to the defendant to pay arrears of rent of Rs.14,500/-. According to the plaintiff, the defendant did not pay the admitted rent and is in arrears from August, 2003 to May, 2008 (58 months) at the rate of Rs.250/- per month, amounting to Rs.14,500/-. The defendant, who was the appellant, filed a counter opposing the said application on the ground that there was no jural relationship nor any privity of contract and the defendant disputed the claim of the plaintiff that the rent is Rs.250/- per month and even if there are any arrears of rent, the plaintiff has not prayed for recovery of arrears of rent in the plaint and, therefore, the defendant is not liable to deposit any amounts towards arrears of rent. The learned first appellate Court, by the impugned order, dismissed the said application on the ground that the judgment is silent about the payment of arrears of rent of Rs.14,500/- and so there is no liability on the part of the defendant under the decree to deposit the amount of Rs.14,500/- towards arrears of rent. Aggrieved by the same, the present civil revision petition is filed by the plaintiff. 4. It is to be noted that in the plaint while seeking eviction, the plaintiff also sought mesne profits at Rs.15,000/- per month from the date of filing of the suit till the date of delivery of possession. The mesne profits were claimed at the rate of Rs.4/- or Rs.5/- per square foot prevailing in the locality. In the judgment and decree, it was directed that the mesne profits shall be determined on a separate application under Order XX Rule 12 CPC. According to the plaintiff, the monthly rent was Rs.250/- and even the said amount is not being paid by the defendant from August, 2003 and till the filing of the application, there are arrears of rent for 58 months, in a total sum of Rs.14,500/-. Admittedly, the suit premises is situate in a prime locality in Ramgopalpet, Secunderabad. The rent claimed is only at the rate of Rs.250/- per month. Simply because the plaintiff has not claimed any arrears of rent in the suit and the decree is also silent regarding the same, the defendant cannot squat on the premises during the pendency of the suit, without even paying the rent. No doubt the decree directs determination of mesne profits on an application under Order XX Rule 12 CPC. It does not, however, mean that till such determination is made, the defendant can squat on the premises, without paying even the rent, especially when the plaintiff’s claim for eviction has been upheld. The amount of Rs.14,500/- towards arrears of rent at the rate of Rs.250/- per month shall, however, be given credit to while determining the mesne profits, as directed in the decree. The first respondent/D-1 is, therefore, directed to deposit the amount of 14,500/- to the credit of the suit within a period of four weeks from the date of receipt of a copy of this order and continue to deposit at the same rate till the disposal of the appeal. 5. In the result, the civil revision petition is disposed of with the above direction. There shall be no order as to costs. _____________________ G.V.SEETHAPATHY, J 09th February, 2011 Lrkm.