Order 15A Rule 2 CPC | Tenant Obligated To Clear Not Just Arrears Of Rent Fixed By Court Till Date Of Determination But Also For Subsequent Period: Andhra Pradesh High Court
The High Court held that once rent is fixed under Order 15A, the tenant is bound to discharge arrears up to that date as well as arrears that accrue subsequently.
The Andhra Pradesh High Court clarified the scope of obligations under Rule 2 of Order 15A of the Code of Civil Procedure, holding that tenants cannot confine payment only to arrears calculated up to the date of fixation of rent but must also discharge arrears accruing thereafter.
The Court was hearing a civil revision petition challenging an order of the Trial Court which directed the tenant to pay arrears of rent in one lump sum pursuant to the fixation of rent under Order 15A.
A Bench of Justice R Raghunandan Rao, while deciding the matter, held,“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.”
Advocate S.V.S.S. Siva Ram represented the petitioner, while Advocate A. Sai Naveen appeared on behalf of the respondent.
Background
The matter arose out of a landlord/tenant dispute in which the landlord had sought arrears of rent and damages on grounds of unauthorised occupation. The Trial Court, upon determining the rate of rent, directed the tenant to pay arrears spanning ten years in a lump sum.
Aggrieved by the said direction, the tenant approached the High Court, contending that the Trial Court’s order was contrary to the framework of Order 15A.
It was urged that fixation of rent should only oblige payment of arrears up to the date of determination and that the Trial Court exceeded its jurisdiction in directing payment for subsequent years as well.
Court’s Observations
The Andhra Pradesh High Court examined the scope of Rule 2 of Order 15A, noting that the provision imposes a dual obligation to clear arrears of rent due till the date of fixation, and to discharge arrears that fall due after such fixation.
Under this scheme of the rule, the Court upheld the Trial Court’s approach, stating that the tenant’s contention of liability being confined only to arrears up to the date of fixation was unsustainable.
The Court explained, “As the application is being treated as an application under Order 15A of CPC, the present case would fall in the second eventuality. This is because the petitioner disputes the quantum of rent and consequently, disputes the arears 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.”
Conclusion
The High Court dismissed the revision petition and affirmed the Trial Court’s order. It reiterated that tenants cannot escape liability for arrears accruing after the date of fixation, as such liability flows directly from Rule 2 of Order 15A.
Cause Title: Nakul Chandra Biswal vs Badaru Srinivasa Rao & Anr (Neutral Citation: APHC010406042025)
Appearances
Petitioner: Advocate S.V.S.S. Siva Ram
Respondents: Advocate A. Sai Naveen