As per Order 15 A, Rules 1 and 2 (A.P.State Amendment) by G.O.Rt.No.156, Law (LA) Home Courts-D1, dated 29.01.2005, 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 upto that due into the Court and shall continue to deposit such amount, which becomes payable thereafter within one week from the date on which it becomes due, till the Judgment is rendered in the suit. Thus, Rule-1 obligates the defendant to deposit the arrears of rent due by then along with written statement and continue to deposit the rent during pendency of the suit. If any such deposit is not made, on application the Court can pass an order directing payment of arrears of rent or licence fee after affording an opportunity to both the parties. In the explanation thereto clarified the expression ‘the amount representing the undisputed arrears’ shall mean the sum of rent, or licence fee calculated for the period for which it remained unpaid, after deducting from it any amount paid as tax, to a local authority, in respect of the property; paid to the plaintiff under written acknowledgment, and deposited into the Court, in any proceedings, in relation to the said property. Therefore, the Court is competent to direct the tenant to deposit the undisputed arrears i.e. from June, 2014 onwards @ Rs.4.00 lakhs per month. The trial Court directed the revision petitioner to deposit electricity charges, property tax and other service charges from the date of petition and continue to deposit. These charges would not form part of
