Andhra Pradesh High Court - Amravati
Sri Kalyana Chakravarthi Memorial ... vs Boyina Kali Prasad Rao on 6 September, 2024
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: C.R.P.No.1793 of 2024
PROCEEDING SHEET
Sl. DATE ORDER OFFICE
No. NOTE
1. 06.09.2024 RNT, J
Heard Sri P.Balaji Varma, learned counsel for
the petitioner and Sri G.Rama Gopal, learned
counsel for the respondent.
2. The petitioner is the defendant in O.S.No.202
of 2021 on the file of the I Additional Senior Civil
Judge, Visakhapatnam, which has been filed by the
respondent/plaintiff for eviction of the
petitioner/defendant/tenant from the schedule
premises.
3. In the said suit, the respondent/plaintiff filed
I.A.No.569 of 2023 under Order 15-A r/w Section 151
of the Code of Civil Procedure for a direction to the
defendant therein to deposit the arrears of rent of
Rs.93,66,657.80 and continue to deposit the monthly
rent @ Rs.2,71,292/- till the date of pronouncement
of the judgment in the said suit, failing which to strike
off the defence.
4. The petitioner filed the counter and inter alia
submitted that the payment of rent was from time to
time was not disputed. But he submitted that during
the Covid period, there were some Government
Orders/instructions issued by the Government to all
the landlords to receive only 50% of the rent amount.
In view thereof, the case of the defendant was that
the admitted liability of the rent towards arrears was
Rs.42,51,742/-.
5. The I Additional Senior Civil Judge,
Visakhapatnam, while allowing the application of the
respondent, observed that the petitioner did not file
any evidence in support of the contentions with
respect to the stand taken as regards the State
Government directing the landlords to receive only
50%. But further observed that the said aspect would
be decided in the main suit trial. In the operative
portion, it allowed the petition with a direction to the
respondent to deposit the admitted arrears of rent to
a tune of Rs.93,66,657.80 and further directed to
deposit the monthly rent of Rs.2,71,292/- regularly on
the 5th of every succeeding month. It was also
provided that if the present petitioner failed to deposit
the admitted arrears of rent within three months from
the date of that order, his defence would be struck
off.
6. Learned counsel for the petitioner submits that
though the direction was to deposit the admitted
arrears of rent but while giving the relief in the
operative portion in para-7, rent of Rs.93,66,657.80
was incorrectly mentioned, whereas the admitted
amount of arrears of rent is Rs.42,51,742/-.
7. Learned counsel for the respondent submits
that the amount as mentioned is the correct amount
inasmuch as the petitioner does not dispute the rate
of rent. He also prays time for filing counter.
8. Let the counter-affidavit be filed within a period
of two weeks.
9. One week thereafter is granted for reply
affidavit.
10. Prima facie, this court finds force in the
submission of the learned counsel for the petitioner.
The reason is that in para-7, it is specifically directed
by the court below to deposit the 'admitted arrears of
rent'. The 'admitted arrears of rent amount is
Rs.42,51,742/-. Consequently as an interim measure,
it is provided that in place of 'Rs.93,66,657.80', the
petitioner shall deposit towards admitted arrears of
rent, an amount of 'Rs.42,51,742/-' for which, one
week period is granted to the petitioner.
11. The rest of the directions are not stayed and
the petitioner has to comply with the same.
12. If the petitioner complies with the same as
aforesaid, the defence of the petitioner shall not be
struck off till the next date of listing.
13. It is clarified that there is no stay of
proceedings of O.S.No.202 of 2021.
14. Post after four weeks.
_____________
RNT, J
Pab
