Abdul Ahmed, S/o. Abdul Hameed v. Gourishetty Nagabhushanam
2012-12-19
G.KRISHNA MOHAN REDDY
body2012
DigiLaw.ai
Judgment : This civil revision is filed against order dated 10.7.2012 in I.A.No.741 of 2011 in O.S.No.92 of 2011 (I.A) on the file of the Court of Senior Civil Judge, Jangaon. The petitioner herein is the second respondent in the I.A. and second defendant in the suit, the first respondent herein is the petitioner in the I.A. and plaintiff in the suit, whereas the respondents 2 and 3 herein are the respondents 1 and 3 in the I.A. and defendants 1 and 3 in the suit. For convenience, I refer the parties as they are arrayed in the I.A. The petitioner filed the suit for recovery of possession of the suit premises (premises), payment of Rs.92,570/- towards arrears of rent for August, 2011 and September, 2011 at Rs.29,900/- per month at Rs.34,485/- per month for October, 2011 and November, 2011, difference of rent of Rs.39,000/- all over for the tenancy period upto July, 2011, and mesne profits/damages for use and illegal occupation of the premises. He also filed the I.A. under Order XVA Rule 1 and Section 151 of the Code of Civil Procedure, 1908 (CPC) to direct the respondents to deposit an amount of Rs.92,570/-towards arrears of monthly rents along with accrued interest thereon and thereafter continue to deposit in each succeeding month the rent claimed in the suit or pass such other order as deemed fit to pass. The second respondent has taken the plea that at the request of the petitioner, they have incurred an expenditure of Rs.10,00,000/- towards the renovation of the building out of that amount, Rs.10,000/- per month was agreed to be deducted from the monthly rent of Rs.26,000/- which was fixed as per the mutual understanding of the parties. The Court below rejected the plea of the respondents so far as the amount of Rs.10,000/- is concerned on the ground that there was no basis to accept the same to be true and correct. Learned counsel for the second respondent would contend that by virtue of Order XVA Rule 1 CPC only admitted rent is to be directed to be paid and when there is dispute regarding the payment of Rs.10,000/- unless that is decided by way of adducing necessary evidence that amount also cannot be ordered to be paid.
Learned counsel for the second respondent would contend that by virtue of Order XVA Rule 1 CPC only admitted rent is to be directed to be paid and when there is dispute regarding the payment of Rs.10,000/- unless that is decided by way of adducing necessary evidence that amount also cannot be ordered to be paid. Learned counsel for the petitioner on the other hand would contend that there should be some basis to uphold the claim of the respondents. The word “admitted” used in Order XVA is to be taken in a broad perspective. When the respondents agree the monthly rent payable they have to show it prima facie about the said arrangement otherwise the entire amount of rent payable is to be taken as the rent admitted to be paid without any limitations. Order XVA CPC enjoins “(1) In a suit for recovery of possession, on termination of lease, or licence, with or without a prayer for recovery of arrears of rent, or licence fee, known with whatever description, the defendant, while filing his written statement, shall deposit the amount , representing the undisputed arrears, calculated up to that date into the Court and shall continue to deposit such account, which becomes payable thereafter within one week from the date on which it becomes due, till the judgement is rendered in the suit. Where the defendant pleads in the written statement that no arrears of rent or licence fee exists, it shall be competent for the Court to pass an order in this regard, after affording opportunity to both the parties and in case any amount is found due, the defendant shall be under obligation to deposit the amount within the time stipulated by the Court and continue to deposit the amount which becomes payable thereafter, as provided under Rule 1: Provided that the time stipulated for payment of amount as aforesaid, may be extended by the Court for reasons to be recorded for a period not exceeding 15 days. If the defendant commits default in making the deposits, as aforesaid, the Court shall strike off the defence. On such deposit, it shall be competent for the plaintiff to withdraw the same. Exp: The expression “The amount representing the undisputed arrears” shall mean the sum of rent, or licence fee, calculated for the period for which is remained unpaid, after deducting from it, any amount.
On such deposit, it shall be competent for the plaintiff to withdraw the same. Exp: The expression “The amount representing the undisputed arrears” shall mean the sum of rent, or licence fee, calculated for the period for which is remained unpaid, after deducting from it, any amount. (a) paid as tax, to a local authority in respect of the property; (b) paid to the plaintiff under written acknowledgement; and (c) deposit into the Court in any proceedings, in relation to the said property.” Order XVA CPC clearly provides for payment of admitted rent. This is to be examined in a broader perspective. There should be prima facie material to uphold the claim of the respondents. Otherwise the entire amount of rent payable is to be taken as the rent admitted to be paid without limitations. If such type of plea, which has no basis, is accepted then the provisions of Order XVA CPC would become redundant by reason of which the very purpose of it will be defeated. That will not be the intendment of the legislature. It is easy to take such pleas whereas it may be very difficult to establish the same. Hence the word admitted is to be taken as the whole rent payable minus any such amount agreed to be deducted in respect of which there is prima facie evidence. The Court below properly decided the matter and therefore there is no reason to interfere with the impugned order. For the reasons mentioned, the civil revision petition is dismissed. Miscellaneous petitions pending if any shall stand closed.