O.15A R.2 CPC | Defaulting Tenant Not Only Liable To Pay Dues Till Date Of Fixation Of Rent But Also Thereafter: AP High Court

In the present case involving a tenant defaulting in payment of rent, the Trial Court passed an award fixing the provisional rent at Rs 20,000, with a direction to the petitioner to pay Rs.21,10,000 as arrears of rent from 2016 to 2025, and to continue to deposit the future rent at Rs 20,000 per month.

Against this backdrop, Justice Raghunandan Rao explained that Order 15A of CPC provides for two situations— one, where the defendant, while filing his written statement, is required to deposit the undisputed arrears of rent up to the date on which the written statement is filed and the further amount as and when they become due, and; second, where the Court is required to go into the fixation of rent where the defendant pleads that no arrears of rent or default exist. The Court stated,

“Upon such determination, the defendant would be liable to deposit the rent fixed by the Court within the time stipulated by the Court and to continue to deposit the rent which becomes payable thereafter.”

Noting that the present case falls under the second eventuality, the Court added,

“In the present case, the Trial Court fixed a lump sum amount of the arrears of rent due from 2015 to 2025. Though the order may not clearly signify the contours set out in Rule 2 Order 15A, the order cannot be faulted on the ground of violation of Order 15A. This is because, Rule 2 of Order 15A casts an obligation on the petitioner/deponent to not only clear the arrears of rent due till the date of fixation of rent but to clear all such arrears of rent, which have fallen due after the date of fixation of rent.”

Background

Alleging default in payment of rent since 2015, the respondent landlords sought eviction of their tenant from their property and further sought recovery of arrears to the extent of Rs.12,45,000— where Rs.30,000/- was claimed as damages for unauthorised occupation from 2015 to 2019. The application was allowed by the Principal Junior Judge at Vishakapatnam. However, when the aggrieved tenant approached the High Court, contending that there were no arrears of rent payable by him and that the damages claimed by the respondent are exorbitant, a Single Judge partly allowed the petition by upholding the requirement of the petitioner to pay the arrears and future rent, while, at the same time, directing the Trial Court to conduct an enquiry and fix a reasonable amount as monthly rent for the schedule property.

Thereafter, the Trial Court passed an award fixing the provisional rent at Rs.20,000, with a direction to the petitioner to pay Rs.21,10,000 as arrears of rent from 2016 to 2025, and to continue to deposit the future rent at Rs.20,000 per month.

Aggrieved, the petitioner approached the High Court, where he pleaded that Order 15A only required him to deposit arrears of rent up to the date of filing of the suit, and that future rents were not payable. It was further argued that the prayer in the application was only for payment of arrears of rent, and thus, the observation of the Trial Court that the defence of the petitioner would be struck off in the event of non-payment of arrears of rent is beyond the scope of the prayer set out in the suit.

On the other hand, the respondent landlords contended that the application, filed under Order 151 of CPC, should be treated as an application filed under Rule 15A and hence, the order of the Trial Court does not require any interference.

The Court thus had to determine whether the Trial Court could direct payment of arrears beyond the date of the landlords' application and whether such an order was sustainable under Order 15A of CPC.

Court's Findings:

At the outset, the Court noted that the manner in which the application in the present case, though filed under Section 151 of CPC, was argued and submissions were made before the Trial Court, and the manner in which the Trial Court dealt with the matter, it was indicative that the application was dealt with as an application under Order 15A. The Court reasoned that,

“This is because the petitioner disputes the quantum of rent and consequently disputes the arrears of rent payable. In view of the said denial, the Trial Court has fixed the rent payable. This fixation of rent is both in terms of Rule 2 or Order 15A of CPC as well as the directions of the learned Single Judge, dated 25.04.2024, in C.R.P.No.447 of 2024. The said Rule 2 also stipulates that the arrears of rent, calculated on the basis of the rent fixed by the Trial Court, would have to be paid within the time stipulated in the order of fixation of rent and subsequent rent would also have to be paid as and when such rent becomes due.”

Referring to the mandate of Order 15A, the Court concluded that the defaulting tenant's liability is not confined to payment of arrears up to the date of application, but extends beyond, as rent continues to accrue.

Dismissing the petition, the Single Judge upheld the Trial Court's order and observed,

“As the rent fixed by the Trial Court has definitely fallen due by the time the matter has come up before this Court, I do not find any reason to interfere with the said order.”

Case Details:

Case Number: CIVIL REVISION PETITION NO: 2017/2025

Case Title: NAKUL CHANDRA BISWAL v. BADARU SRINIVASA RAO and another

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