In a civil revision petition regarding landlord-tenant arrear deposits, the Court dismissed the appeal against the trial Court's order directing payment of accrued rent, finding no error, while extending the time for payment by four weeks.
Civil Revision Petition dismissed; time for payment extended by four weeks.
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THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED C.R.P.No.4318 of 2011
ORDER:
The respondent herein filed O.S.No.644 of 2009 for recovery of possession of the plaint schedule premises by evicting the petitioners herein and for arrears of rent and mesne profits etc., as she let out the premises to them for the purpose of business in the year 2008 on a monthly rent of Rs.10,000/- per month by rental agreement dated 06.10.2008, for a period of 11 months, which was expired by afflux of time and thereby, she issued a notice under Section 106 of Transfer of Property Act on 21.01.2009 demanding them to vacate the premises and to pay the arrears of rent accrued till that date. After receipt of the notice, the petitioners paid a partial amount against the accrued rental arrears, but did not pay the remaining arrears as well as regular rents, which leads to filing I.A.No.382 of 2011 under Order XV-A read with Section 151 CPC by the respondent seeking to direct the petitioners to deposit arrears of rent of Rs.1,80,000/- and continue to deposit the monthly rent to the credit of the suit. By order dated 07.09.2011, the trial Court while ordering the said petition directed the petitioners to deposit Rs.3,10,000/- comprising of 31 months undisputed arrears of rent @ Rs.10,000/-per month for the period from February, 2009 to August, 2011 to the credit of the suit, within one month from that date and further ordered to deposit a sum of Rs.10,000/- per month towards monthly rent on or before 5th of every succeeding month commencing from September, 2011 onwards to the credit of the suit, in default, the defence of the petitioners shall stand struck off and for compliance of the said
order, the matter is posted to 10.10.2011. Aggrieved by the same, the petitioners filed the present civil revision petition.
2. Heard both sides.
3. There is no dispute with regard to the relationship of the parties as landlord and tenant in respect of the petition schedule premises. The petitioners upon receipt of the notice have paid a sum of Rs.40,000/- to the respondent for the period from October, 2008 to January, 2009. From February, 2009 onwards, they failed to pay the rents regularly and by the time the impugned order is passed, 31 months has elapsed, for which the trial Court calculated a sum of Rs.3,10,000/- @ Rs.10,000/-per month and directed the petitioners to deposit the same as stated supra. In view of the same, I find no error in the order impugned warranting interference by this Court.
Accordingly, the Civil Revision Petition is dismissed. However, time for payment granted by the trial Court stands extended for a period of four weeks from today. No order as to costs.
______________________ GHULAM MOHAMMED, J
Date:14.10.2011 sj
2 issues framed by the court
Whether the trial Court erred in directing the petitioners to deposit 31 months' arrears of rent towards the suit.
Whether the impugned order warranting interference by this Court.
3 provisions across 2 enactments
The Petitioners
The Respondent
GHULAM MOHAMMED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
