IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.3546 of 2011 BETWEEN K. Raja Reddy. ... PETITIONER AND M.A. Nayeem ...RESPONDENT Counsel for the Petitioner: MR. K. RAGHUVEER REDDY Counsel for the Respondent: MR. V.RAVINDE RAO The Court made the following: ORDER: Petitioner is the defendant in the suit O.S.No.19 of 2007 on the file of the Senior Civil Judge, Nirmal. The said suit is filed by the respondent herein for eviction of the petitioner after terminating the tenancy under Section 106 of the Transfer of Property Act. The suit claim includes rental arrears from October 2005 at Rs.6,450/- as well as mesne profits during the pendency of the suit apart from the main relief for eviction. 2. Petitioner/defendant denied the quantum of rent, as alleged by the plaintiff/respondent and according to the petitioner, the rent is Rs.3,000/- per month payable from October 2007. The petitioner also raised other pleas regarding agreement of sale between the parties etc. 3. The respondent/landlord filed an application being I.A.No.137 of 2009 under XV-A of the Code of Civil Procedure, 1908 seeking direction to the petitioner/defendant to deposit the arrears of rent at Rs.6,450/- per month from October 2005 onwards. On contest, the said application was allowed by the Court below under the impugned order dated 27.07.2011. Hence, this revision. 4. Heard the learned counsel for the petitioner as well as the learned counsel for the respondent. 5. The respondent’s claim for rent at Rs.6,450/- from October 2005 is apparently based upon the document dated 01.01.2005, which was produced in the suit. However, that document being disputed by the petitioner, the respondent will have to prove the said document during the trial of the suit. Similarly, the quantum of arrears due is disputed by the petitioner and according to him, he is in arrears of rent from October 2007 onwards at Rs.3,000/- per month. Keeping in view, the limited scope of Order XV-A CPC with reference to admitted amounts being directed to be deposited, the impugned order of the Court below requires appropriate modification in conformity with the rents, admittedly, due and payable by the petitioner. 6. Consequently, the impugned order is modified by directing the petitioner to deposit the arrears of rent at Rs.3,000/- per month from October 2007 till the end of September 2011 and continue to deposit the rent at the same rate on/or before 5th of each month commencing from October 2011 and successively thereafter every month. The petitioner is granted time, to pay 50% of the arrears of rent, up to 30.09.2011 and balance 50% of the arrears of rent by 31.10.2011. On such deposit, the respondent/landlord shall be entitled to withdraw the same without furnishing any security and without prejudice to his claim in the suit for quantum of rent and the period from which it is recoverable, as prayed for in the suit. In the event of default committed by the petitioner in complying with any of the conditions, as above, the respondent shall be at liberty to move the trial Court for appropriate orders in accordance with law. The trial Court is directed to hear and dispose of the suit expeditiously and in any case, within a period of six (6) months from the date of receipt of a copy of this order. The civil revision petition is accordingly disposed of. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J September 9, 2011 DSK