THE HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No. 4209 OF 2011 Date: 11-11-2011 Between Jajula Malakondaiah …..Petitioner And Ketineni Prathiba …..Respondent THE HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No. 4209 OF 2011 ORDER: The petitioner – defendant filed this revision under Article 227 of the Constitution of India to revise the order dated 29-08-2011 passed by the learned Principal Senior Civil Judge, Vijayawada in I.A No.302 of 2009 in O.S No. 131 of 2008 directing the petitioner to deposit the arrears of rent to a tune of Rs.5,97,126/- within 30 days from the date of the order. It is not in dispute that the petitioner is a tenant of first, second and third floors of the building under the lease agreement executed on 16-02-2005 for a period of three years commencing from 01-02-2005 till 31-01-2008 on a monthly rent of Rs.20,000/- payable on or before 10th of every succeeding month. It is stated that the respondent – landlord while issuing quit notice demanded for delivery of vacant possession of the suit schedule property and the petitioner failed to reply the same and also failed to pay the rent from January, 2008. Therefore, the respondent instituted the above suit for eviction and damages for use and occupation in which he also filed the present application under Order XVA and Section 151 of CPC directing the petitioner – defendant to deposit the arrears of rent and damages from 01-01-2008 till 31-01-2009 amounting to Rs.18,22,050 in which the petitioner – tenant filed a calculation memo admitting that as per 5% enhancement of the existing rent, the rent payable from 01-02-2010 to 31-01-2011 is at the rate of Rs.25,525/- per month and thereafter it is at the rate of Rs.26,801/- per month from 01-02-2011 to 31-01-2012. Therefore, he is liable to pay an amount of Rs.2,77,830/- towards arrears of rent from 01-02-2008 to 3-01-2009 at the enhanced rate of rent of Rs.23,152.50 ps per month; Rs.2,91,720/- from 01-02-2009 to 31-01-2010 at the enhanced rate of rent of Rs.24,310/- per month and Rs.2,29,725/- from 01-02-2010 to 31-10-2010 and the total comes to Rs.7,99,275/- and after deducting the amount of Rs.2,76,575 paid by him, the amount due is Rs.5,22,700/- as on 31-10- 2010. It is also stated by the petitioner that as per the order dated 13- 08-2010 passed by this Court in C.R.P No. 2544 of 2010, he regularly deposited the rent at the enhanced rate of Rs.25,525/- per month from August 2010 to January 2011 and ready and willing to deposit the rent at the enhanced rate of Rs.26,801/- per month from February, 2011 onwards and he sought permission of the Court deposit the arrears of rent by way of instalments within a period of nine months. After hearing both sides and after considering the calculation memo filed by the petitioner - defendant, the lower Court by the impugned order rightly directed the petitioner - defendant to deposit arrears of admitted monthly rents within a period of 30 days from the date of the order. Learned counsel for the petitioner contends that the amount paid by the petitioner from August, 2010 to January, 2011 has to be given credit to. Whereas, the learned counsel for the respondent contends that the amount due for the months of August, 2010 to January, 2011 has not been deposited and if any amount is deposited, the same will be given credit to. In view of the same, the impugned order is modified and the petitioner is directed to deposit the entire arrears of rent of Rs.5,22,700/- admitted by him to be due as on 31-10-2010 and the arrears of rent thereafter at the rate of Rs.25,525/- per month from August, 2010 till the end of January 2011 and Rs.26,810/- per month from February, 2011 till the end of November, 2011 before 10th December, 2011 and he shall continue to deposit the rent from the month of December 2011 on or before 10th of every succeeding month. On such deposit, the respondent – plaintiff is entitled to withdraw the same. In default, the lower Court shall pass appropriate order for eviction of the petitioner. The civil revision petition is accordingly disposed of. A. GOPAL REDDY, J 11-11-2011 ks