GULLAPALLI VIJAYASREE Vs. REDNAM SATYAVATHI

JUDGEMENT

(1.) Both these revisions are between the same parties and against the same order, as such, they are being disposed of by this common order.

(2.) For the sake of convenience, the parties are referred to as they arrayed in C.R.P. No.5990 of 2010.

(3.) Respondents are owners of a building situated at a commercial locality i.e., Rednam Gardens, Vishakapatnam. Petitioner is their tenant. Respondents filed O.S. No.985 of 2003 in the Court of III Additional Senior Civil Judge (Fast Track Court), Vishakapatnam, for eviction of the petitioner and recovery of damages. The trial Court decreed the suit and determined the damages at the rate of Rs.21,000/- per month. Aggrieved by that, petitioner preferred A.S. No.224 of 2010 in the Court of Principal District Judge, Vishakapatnam. Respondents filed I.A. No.2199 of 2010 in that appeal under Order XV-A read with Section 94 (E) of Code of Civil Procedure, 1908 (for short "CPC"), with a prayer to direct the petitioner to deposit the rents into the Court at the rate of Rs.21,000/- per month. The application was opposed by the petitioner. He pleaded that though the trial Court determined the damages at the rate of Rs.21,000/- per month, there was an understanding between him and the respondents for payment of rent at Rs.8,925/-. Through its order dated 09-11-2010, the lower appellate Court allowed the interlocutory application directing the petitioner to deposit the rents at the rate of Rs.21,000/- per month. Respondents were permitted to withdraw half of the amount with security and half without security.