T V HASSAN Vs. J NAGA SUBHASHINI
HIGH COURT OF ANDHRA PRADESH
T V Hassan
J Naga Subhashini
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C Praveen Kumar, J. -
(1.)Aggrieved by the judgment and decree dated 22.2.2013 in O.S. No.721 of 2006 on the file of the II Additional Senior Civil Judge, Vijayawada, granting costs for Rs.22,200/- to the plaintiff and directing the defendants to deliver the possession of the plaint schedule property to the plaintiff within two months from the date of judgment, as confirmed by the appellate Court vide judgment, dated 6.12.2018, passed in A.S. No.120 of 2013 by the VII Additional District & Sessions Judge, Vijayawada, the present Second Appeal is filed.
(2.)The parties will hereinafter be referred to as arrayed in the suit.
(3.)The brief facts of the case are as follows :
The plaintiff is the landlord and defendant No.1 is the tenant of the plaint schedule property. Defendant No.1 was inducted into possession as tenant in the year 1999 on a monthly rent of Rs.5,000/-. Later, it was enhanced and the monthly rent as on the date of issuance of quit notice was Rs.7,750/-. The plaintiff used to issue receipts for the rent paid by the defendant. It is said that the defendant No.1 has become irregular in payment of rent and committed willful default. He paid rent only up to December, 2005 and then committed default in payment of monthly rents from January, 2006 onwards. The defendants are conducting business of selling Tea, Tiffin, Bakery, cool-drinks in the suit premises and sublet a portion of suit premises. Therefore, the plaintiff got issued quit notice on 3.4.2006 calling upon the defendant No.1 to pay arrears of rent from January, 2006 to May, 2006 @ Rs.7,750/- per month and while terminating the tenancy called upon the defendants to vacate the suit premises within 15 days from the date of receipt of notice. The defendant received the notice and got issued reply notice on 27.4.2006 with false averments. The plaint schedule property is situated in posh and commercial area and any premises identical to the suit property would fetch Rs.15,000/- per month towards rent. Hence, the suit with the plaintiff claiming damages @ Rs.15,000/- per month from 1.4.2006.
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