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Judgment
A.N. Venugopala Gowda, J.—Respondents have filed O.S.952/2007 against the Petitioner seeking relief of ejectment from the plaint schedule premises and for recovery of arrears of rent amounting to Rs. 4,52,000/- with interest and consequential reliefs. Petitioner filed written statement dated 28.5.2007 and has contested the suit. Plaintiffs filed I.A.3 u/s 151 CPC to direct the Defendant to pay the arrears of Rs. 6,16,000/-, in default to strike off the defence and direct the Defendant to deliver the vacant possession of suit premises, to which, the Petitioner filed statement of objections. The trial Court has noticed the fact that, there is a dispute with regard to the arrears of rent of Rs. 4,52,000/ claimed in the suit. However, noticing that, the rents have not been paid for the period from 1.2.2007, which works out to Rs. 6,08,000/-, has allowed I.A.3 and has directed the Defendant i.e., the Petitioner herein to pay Rs. 6,08,000/ being the arrears from 1.2.2007 to 31.3.2010 at the rate of Rs. 16,000/- p.m. on or before 31.5.2010. The Trial Court has also directed the Defendant to pay future rent as and when accrues due till the disposal of the suit. Feeling aggrieved, the Defendant has filed this writ petition.
Heard the learned Counsel on both sides and perused the writ petition record.
On an earlier occasion, this matter was heard and the parties were directed to file memo of calculations. Both sides filed memo of calculations. Rs. 7,20,000/- is in arrears even according to the Petitioner. Learned Counsel appearing for the Petitioner sought 8 weeks time to deposit the said admitted arrears of rent. The Petitioner was directed to deposit in the first instance Rs. 2,00,000/- in the Trial Court before 20.11.2010. A memo has been filed reporting the deposit of the said sum of Rs. 2,00,000/-. Even after taking into consideration the said deposit, there would be still admitted arrears of Rs. 5,20,000/-.
The Petitioner to deposit in the Trial Court Rs. 3,20,000/- on or before 2.1.2011. If the said amount is deposited, the Petitioner would have the benefit of further time to deposit the remaining amount of Rs. 2,00,000/-, which amount shall be deposited before 31.1.2011. If the Petitioner complies with the said condition, the impugned order shall stand quashed. Otherwise, the impugned order shall operate and the Trial Court to decide the suit as early as practicable and at any event before 28.2.2011.
The amount in deposit in the Trial Court i.e., Rs. 2,00,000/- be released in favour of the Respondents/Plaintiffs.
Writ petition stands disposed of accordingly.