THE HON'BLE SRI JUSTICE SAMBASIVA RAO NAIDU
SECOND APPEAL No.446 OF 2022
ORDER :
This Second Appeal has been preferred by the appellant who is the defendant in O.S.No.525 of 2016 on the file of XX Junior Civil Judge, City Civil Court, Hyderabad, being aggrieved by the judgment of the lower appellate Court in A.S.No.139 of 2018 by which the appellate Court confirmed the judgment of the trial Court in O.S.No.525 of 2016 dated 27.06.2018 where under the trial Court directed the appellant herein to vacate the suit schedule property and deliver the vacant possession within (30) days from the date of judgment by ordering separate enquiry to decide the mesne profits as per Order XX Rule 12 CPC.
2. When the Second Appeal has been taken up for hearing about substantial question of law that involved to entertain the Second Appeal, there was a proposal by learned counsel for the appellant stating that the schedule property is old mulgi bearing No.3-6-355/A/6 at Chandra 2 S.A.No.446 of 2022 Nagar, Basheerbagh, Hyderabad. The appellant herein having obtained the said premises from the respondents/plaintiffs way back in 1990 was in possession of the property by conducting pan shop and the extent of the shop is only 12 sq.yards. In view of the concurrent judgment of the trial Court as well as lower appellate Court the appellant is ready to vacate the premises, but he needs some time. The lower appellate Court granted only (30) days time for vacating the premises and the appellant is ready to vacate the premises, if sufficient time is allowed so that he can search for other suitable premises.
3. Learned counsel for the respondents/plaintiffs fairly accepted the proposal having obtained instructions from the client and agreed for the proposal of learned counsel for the appellant. However, learned counsel for the respondents/plaintiffs has submitted that there should be a direction to the appellant herein for prompt payment of rent till he vacate the premises and the date may be fixed for such vacation. Having considered the representation of both counsel and in the interest of parties to the appeal 3 S.A.No.446 of 2022 without going into the merits and without verifying whether there is substantial question of law, this appeal has been disposed of in the following terms:
The appellant/defendant shall vacate the premises within (6) months from the date of this Order without fail. He shall continue to pay agreed rent on or before 05th of subsequent month without fail. In case of failure of such payment by the appellant/defendant, the landlord i.e., respondents/plaintiffs are entitled to proceed against the appellant based on the judgment of the trial Court which is confirmed by lower appellate Court. Accordingly, this appeal is disposed of.
4. In the result, this appeal is disposed of. However, there shall be no order as to costs.
As a sequel, pending Miscellaneous Applications, if any, shall stand closed.
___________________________________ JUSTICE SAMBASIVA RAO NAIDU Date:23.01.2023 Pssk