Andhra Pradesh High Court Upholds Tenant's Obligation for Rent Payment Despite Dispute

Court Affirms Trial Court's Authority to Determine and Enforce Rent Arrears Under CPC Order 15A

In a significant ruling, the Andhra Pradesh High Court has dismissed the Civil Revision Petition filed by Nakul Chandra Biswal against Badaru Srinivasa Rao and others, affirming the Trial Court's decision to enforce the payment of arrears of rent and provisional rent by the tenant. The judgment, delivered by Justice R Raghunandan Rao, underscores the applicability of Order 15A of the Civil Procedure Code (CPC), 1908, which empowers courts to fix arrears of rent and future rent payment obligations upon tenants.

The dispute originated when the respondent, Badaru Srinivasa Rao, filed a suit for eviction and damages against the petitioner, Nakul Chandra Biswal, citing unauthorized occupation and unpaid rent. Following the Trial Court's direction, the petitioner was ordered to deposit arrears amounting to Rs.21,10,000 from April 2016 to January 2025, alongside future rent set at Rs.20,000 per month.

Challenging the order, Biswal contended that the fixation of rent and arrears was excessive and beyond the scope of the original prayer in the suit. However, the High Court clarified that under Order 15A Rule 2, tenants are obligated to clear arrears as per the rent fixed by the Trial Court, regardless of disputes concerning the quantum of rent.

The judgment further elucidates the consequences of non-payment under Order 15A, wherein the court can strike off the tenant's defense if arrears are not deposited as directed, albeit requiring a separate order for such action. The High Court emphasized that the application, although filed under Section 151 CPC, falls within the scope of Order 15A, thus validating the Trial Court's approach.

While the petitioner argued against the Trial Court's observation regarding striking off defenses, the High Court upheld the order, stating it aligns with the statutory provisions of Order 15A. The court concluded that the fixation of rent and the subsequent obligations set by the Trial Court are consistent with legal mandates, dismissing the petitioner's revision plea.

This ruling reiterates the judiciary's stance on the enforceability of rent arrears and tenant obligations, providing clarity on the procedural application of Order 15A in rent-related disputes.

Bottom Line:

Civil Procedure Code (CPC) - Order 15A - Fixation of arrears of rent by the Trial Court and its enforceability - The Trial Court can direct the tenant to deposit arrears of rent and future rent as per Order 15A, even if the application is ostensibly filed under Section 151 CPC.

Statutory provision(s): Civil Procedure Code, 1908 - Order 15A, Section 151

Nakul Chandra Biswal v. Badaru Srinivasa Rao, (Andhra Pradesh) : Law Finder Doc Id # 2781421