Order XV-A deposit orders may exceed admitted rent if supported by material and are not arbitrary.

Order XV-A of the Code of Civil Procedure, 1908, as inserted in Delhi, is intended to protect landlords during prolonged eviction litigation by securing payment pendente lite. The provision is not confined to the rent admitted by the defendant, because the omission of the word "admitted" shows that the Court may direct deposit of a reasonable amount supported by the material on record, including evidence and probabilities. However, the amount cannot be fixed arbitrarily or without evidentiary basis. On the facts described, the available material did not justify interference with the monthly deposit direction, which was maintained pending final adjudication.

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Issues: Whether, in an application under Order XV-A of the Code of Civil Procedure, 1908, the Court can direct deposit of an amount higher than the rent admitted by the defendant, and whether the direction to deposit Rs. 1 lakh per month called for interference.

Analysis: Order XV-A of the Code of Civil Procedure, 1908 was inserted in Delhi to address the hardship caused by long-pending eviction suits and to secure payment during the pendency of litigation. The omission of the word "admitted" from that provision, unlike Order XXXIX Rule 10, was deliberate and showed that the Court is not confined to the amount admitted by the defendant. The provision permits the Court to direct deposit of such amount as appears reasonable on the material available, including a rate supported by the evidence and probabilities, so that a landlord is protected against delay and abuse of process. At the same time, the amount cannot be fixed arbitrarily without material. On the facts, neither side produced reliable documents showing the exact rent, and the material did not justify interference with the amount fixed by the learned Single Judge.

Conclusion: The Court held that Order XV-A permits a direction for deposit exceeding the amount admitted by the defendant, subject to the material on record, and found no reason to interfere with the impugned order.

Final Conclusion: The appeal failed and the direction for monthly deposit was maintained, with the deposited amount to remain in Court until final adjudication of the suit.

Ratio Decidendi: Under Order XV-A of the Code of Civil Procedure, 1908, the Court may direct deposit of a reasonable amount not confined to the defendant's admitted liability, provided the direction is founded on material on record and is not arbitrary.

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