IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD TUESDAY, THE FIFTEENTH (15TH) DAY OF MARCH, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Civil Revision Petition No.2568 of 2010 Between: Mohd. Obaid Shareef & 2 others … Petitioners And: Mohd. Khaled Sharief … Respondent THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY Civil Revision Petition No.2568 of 2010 ORDER: This revision is directed against the order dated 02.06.2010 in IA No.210 of 2010 in OS No.2159/09 on the file of the III Additional Junior Civil Judge, City Civil Court, Hyderabad, wherein the said application filed under Order XV-A CPC, seeking a direction to the first defendant to pay arrears of rent for the period from 10.06.2008 to 10.02.1010 for 20 months at the rate of Rs.7000/- per month amounting to Rs.1,40,000/-, was allowed. 2. Heard both sides. Perused the record. 3. The respondent herein filed suit against the petitioners for eviction from the schedule premises and for recovery of arrears of rent, mesne profits etc. The petitioners filed written statement contesting the suit and denying their liability to pay the rents. While the matters stood thus, the respondent filed IA No.210 of 2010 seeking a direction for payment of arrears of rent for 20 months in a sum of Rs.1,40,000/-. The petitioners filed a counter, denying any jural relationship of landlord and tenant existing between the plaintiff and defendants and consequently any liability to pay the demanded amount. The trial court, by impugned order allowed the said application observing that the petitioners/defendants may be directed to deposit the rents and also future rents into court on or before 5th of every month so as to avoid prejudice to either party. Aggrieved by the same, the defendants filed the present CRP. 4. It is not disputed that in their written statement, the petitioners/defendants have raised specific plea that there is no jural relationship of landlord and tenant between the plaintiff and defendants and an issue was also framed in that regard. The question of eviction of the defendants and recovery of any arrears of rent and future rents from the defendants would depend upon the decision on the issue as to whether or not there is any relationship of landlord and tenant between them and whether or not the defendants are liable to be evicted and are liable to pay the rents. In other words, the direction for payment of rents can only be consequential to the decision on the main issue as to whether or not the defendants are the tenants of the plaintiff. Thus, the amount sought to be recovered by the plaintiff from the defendants is not an admitted amount towards any admitted liability, but is a disputed claim. 5. Order XV-A CPC under which the present application is filed, states that in any suit by lessor for eviction of a lessee or for the recovery of rent and future and mensem profits from him, the defendant shall deposit such amount as the Court may direct on account of arrears up to the date of the order (within such time as the Court may fix) and there under continue to deposit in each succeeding month the rent or licence fee claimed in the suit as the Court may direct. The defendant shall continue to deposit such amount till the decision of the suit.’ It is not the case of the petitioners/defendants that they are the lessees under the plaintiff. They have specifically pleaded that there is no jural relationship between the plaintiff and defendants and therefore, the plaintiff is not entitled for the relief of ejectment or recovery of rents. Till such time, the plaintiff establishes his claim and also liability of the defendants for payment of rents, the question of directing the defendants to deposit the rents as prayed for does not arise. The impugned order directing the defendants to deposit arrears of rent with further direction that in default, the defence of the defendants would be struck of is wholly unsustainable and the same is accordingly set aside. 6. In the result, the civil revision petition is allowed. No order as to costs. _________________ G.V.SEETHAPATHY Date: 15.03.2011 bss