K ZAKIRA SHAIK Vs. K SALEEM BASHA

JUDGEMENT

(1.) TheRespondent is the owner of a non-residential premises at Kurnool Town. The said premises was leased to the Petitioner. Initially, the ground floor was leased and the rent thereof is fixed at Rs. 9,900/- per month. TheRespondent filed O.S. No. 36 of 2009 in the Court of Additional Seniors Civil Judge, Kurnool, against the Petitioner, for the relief of recovery of arrears of rent to the tune of Rs. 6,68,290/- covering various periods. He has also filed I.A. No. 858 of 2009 under Order 15-A of Code of Civil Procedure with a prayer to direct the Petitioner to pay the arrears of rent and continue to deposit the rent every month and in default, to strike off the defence. In the statement enclosed to the petition, the Respondent mentioned that a sum of Rs. 6,67,890/- is required to be deposited as arrears.

(2.) The Petitioner filed a counter affidavit, opposing the application. According to him, the entire first floor was constructed with his funds and the account thereof is yet to be settled. The various transactions that are said to have taken place between them are also mentioned. Through its order, dated 22.11.2010, the trial Court allowed the I.A. Hence, this civil revision petition.

(3.) Sri B. Narasimha Sarma, learned Counsel for the Petitioner submits that the trial Court virtually decreed the suit through its order in the I.A. He contends that it is only the undisputed arrears of rent that can be required to be deposited through an order in an application filed under Order 15-A of Code of Civil Procedure He further submits that whatever be the justification for directing that the arrears of rents be paid from the date of filing of the suit, it was not at all competent for the trial Court to direct deposit of the rents, for the period earlier thereto.