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    ORDER BELOW EXH. 26 IN R.C.S. No.

    157/2017

    1. The defendant No.12 moved an application claiming


    thereby deposit of rent by defendant No. 13 in the court. It is the
    contention of defendant No. 12 that the suit property is
    purchased by him in the year 01/09/2008 from erstwhile owner
    and the defendant No. 13 is occupying the suit property as
    tenant. The defendant No. 13 did not pay a single pie to him
    since purchase of the suit property. Almost the defendant No.13
    is in arrears of rent for total 114 months which runs in
    Rs.6,84,000/­. Therefore, he prayed for direction to deposit the
    arrears of rent due along with rent ensuing for each succeeding
    month in the court.

    2. Per contra, the defendant No. 13 has filed detailed


    reply vide Exh.46.

    3. Heard. Perused record. From the reply Exh. 46 it is


    an admitted fact that the defendant No. 13 is holding the suit
    property as tenant for Rs.6,000/­ per month rent. However, he
    denied that he is in arrears of Rs. 6,84,000/­ as claimed. In fact,
    he submitted that he had paid all the monthly installments to
    the defendant No. 12 till the moving of present application.
    However, the defendant No. 12 did not issue receipts in
    furtherance to the payment, and for that he cannot be hold at
    fault.

    4. On going through the record the defendant No.12


    has filed the counter­claim for recovery of possession of
    tenanted premises. As per Order 15­A of C.P.C. the court can
    direct the tenant occupying the tenanted premises to deposit the
    monthly rent vis­a­vis the premises, in the court. However, there
    is dispute regarding arrears of rent unpaid. Being the payment
    of arrears of rent contentious issue between the parties, without
    going into it, which can be adjudicated and resolved by leading
    evidence in that aspect during trial on merit. The direction to
    tenant to deposit the amount due from the date of present
    application can be given without prejudice to the interest of
    tenant. Hence, following order :­

    ORDER

    1. The defendant No. 13 shall deposit the rent of Rs.6,000/­


    per month for each succeeding month in the court.

    2. The defendant No. 13 shall also deposit the arrears of rent


    for the months April­2018 till January­2019.

    3. The rent be deposited by the defendant No. 13 on the fifth


    day of each month, till the decision in the suit.

    Sd/­xxx
    Nashik, (J.W. Gaikwad),
    Date :­ 17/01/2019. 4th Jt.Civil Judge, Sr.Div., Nashik.

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