SRIDHAR B.S. S/O LATE SHAMACHAR Vs. SRI NAGARAJA S/O LATE JANAKI RAMAIAH, SMT. VANAJA W/O LATE PARAMASHIVA, SMT. SHANTHAMMA W/O LATE BHASKARA KRISHNA AND SRI J. KODANDARAMAIAH S/O LATE JANAKI RAMAIAH

JUDGEMENT

(1.) RESPONDENTS have filed O.S.952/2007 against the Petitioner seeking relief of ejectment from the plaint schedule premises and for recovery of arrears of rent amounting to Rs. 4,52,000/ - with interest and consequential reliefs. Petitioner filed written statement dated 28.5.2007 and has contested the suit. Plaintiffs filed I.A.3 under Section 151 Code of Code of Civil Procedure to direct the Defendant to pay the arrears of Rs. 6,16,000/ -, in default to strike off the defence and direct the Defendant to deliver the vacant possession of suit premises, to which, the Petitioner filed statement of objections. The trial Court has noticed the fact that, there is a dispute with regard to the arrears of rent of Rs. 4,52,000/ claimed in the suit. However, noticing that, the rents have not been paid for the period from 1.2.2007, which works out to Rs. 6,08,000/ -, has allowed I.A.3 and has directed the Defendant i.e., the Petitioner herein to pay Rs. 6,08,000/ being the arrears from 1.2.2007 to 31.3.2010 at the rate of Rs. 16,000/ - p.m. on or before 31.5.2010. The Trial Court has also directed the Defendant to pay future rent as and when accrues due till the disposal of the suit. Feeling aggrieved, the Defendant has filed this writ petition.

(2.) HEARD the learned Counsel on both sides and perused the writ petition record.

(3.) THE Petitioner to deposit in the Trial Court Rs. 3,20,000/ - on or before 2.1.2011. If the said amount is deposited, the Petitioner would have the benefit of further time to deposit the remaining amount of Rs. 2,00,000/ -, which amount shall be deposited before 31.1.2011. If the Petitioner complies with the said condition, the impugned order shall stand quashed. Otherwise, the impugned order shall operate and the Trial Court to decide the suit as early as practicable and at any event before 28.2.2011.