THE HON’BLE SMT JUSTICE T.MEENA KUMARI C.R.P.NO.5786 OF 2009 ORDER: This civil revision petition is directed against the order dated 3.7.2009 passed in I.A.No.520 of 2009 in O.S.No.874 of 2009 by the learned X Junior Civil Judge, City Civil Court, Hyderabad wherein and whereby the petition filed under Section 151 CPC by the defendant seeking to deposit the rents, was allowed. The revision petitioner herein is the plaintiff/tenant and respondent herein is the defendant/landlord in the suit. The brief facts of the case are that the plaintiff is the tenant of the defendant on an oral tenancy commenced in the month of January, 2008 on a monthly rent of Rs.4,000/-. Subsequently, he failed to pay the rents and also did not deposit any advance. Hence, the impugned application was filed seeking to deposit the rents. The learned Judge after hearing both the sides and after perusing the entire material available on record allowed the petition by directing the tenant to deposit rent of Rs.4,000/-from the date of suit and continue to pay the same on or before 5th of every month. Challenging the same, the present civil revision petition is preferred by the plaintiff. It is the contention of the revision petitioner that he is paying an amount of Rs.2,000/- towards rent inclusive of water and electricity charges. He further contends that he deposited an amount of Rs.12,000/-. He also contends that only to create a ground of willful default, the defendant is refusing to accept the rents. Heard learned counsel for revision petitioner. There is no documentary evidence produced before the court to show that at what rate the revision petitioner paid the rents to the defendant. It is the contention of the defendant before the Court below that usually the tenants deposits three months rent as refundable advance at the time of occupying the premises and if the deposit of Rs.12,000/- by the plaintiff has taken into consideration, the rent will be arrived at Rs.4,000/- per month. Hence, the Court below inferred that the monthly rent payable by the plaintiff has been fixed at Rs.4,000/- and allowed the petition. The findings as arrived at by the learned Judge need no interference and they are perfectly justified. There are no merits in this civil revision petition and the same is liable to be dismissed. The civil revision petition is dismissed accordingly. However, on such deposit of rents, the defendant is entitled to withdraw the same in accordance with law, and it is subject to the result of the suit. __________ 09-12-2009 rkk/kvrk THE HON’BLE SMT JUSTICE T.MEENA KUMARI C.R.P.NO.5786 OF 2009 9th December 2009