SANGITAAGRAWAL Vs. SNEHA PUSPH TRADERS P LTD

JUDGEMENT

(1.) THE respondent filed OS no. 552 of 2008 in the Court of I Senior civil Judge, City Civil Court, Hyderabad, against the petitioner, for eviction from the suit schedule premises. It has also filed IA no. 525 of 2008 under Order XVA of CPC, with a prayer to direct the petitioner to deposit the arrears of rent, amounting to rs. 81,840/-, for the period from 1. 8. 2007 to 31. 3. 2008, and for a direction to the respondent to deposit the rent from 1. 4. 2008 onwards. The petitioner filed a counter, admitting that the rent is Rs. 10,230/-, per month. However, she pleaded that there are no arrears of rent. The trial Court passed an order, dated 22. 1. 2009, allowing the IA, as prayed for. The same is challenged in this CRP.

(2.) SRI Bajarang Singh Thakur, learned Counsel for the petitioner, submits that though the trial Court, in exercise of power under Order XVA of CPC, can direct to deposit arrears of rent, it cannot decide the dispute as to the quantum of rent or arrears. He contends that when there is a dispute as to rent or arrears, the question has to be decided in the suit itself, after recording evidence, and it is not at all competent for the Court to express opinion on such aspects, in an application under order XVA of CPC.

(3.) SRI S. Balchand, learned Counsel for the respondent, on the other hand, submits that the provision is comprehensive enough, and even where any dispute exists, as to rent or arrears, the Court can express its opinion on the material available on record, at that stage.