Pinninti Rama Rao vs Rama Calendar Manufacturing Co ...
2021 Latest Caselaw 619 AP

    THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN

                SECOND APPEAL No.36 of 2021

JUDGMENT:

The present Second Appeal arises against the

judgment and decree dated 20.01.2020 in A.S.No.261 of

2015 on the file of the Court of the VIII Additional District

Judge, Vijayawada, by confirming the judgment and decree

dated 27.08.2015 in O.S.No.909 of 2011 on the file of the

Court of the Principal Senior Civil Judge, Vijayawada.

2. The appellant herein is the appellant in the First

Appeal and the defendant in the suit. The respondent

herein is the respondent in the First Appeal and the plaintiff

in the suit. The plaintiff initiated action in O.S.No.909 of

2011 on the file of the learned Principal Senior Civil Judge,

Vijayawada seeking a direction against the defendant to

vacate and deliver the plaint schedule property i.e., a shop

in the ground floor of the building bearing D.No.11-49-46,

Sivalayam Street, Vijayawada, for arrears of rent and

damages as prayed in the suit. The same was contested by

the defendant/appellant herein. After hearing both the

parties, the trial Court decreed the suit directing the

defendant to vacate and deliver the plaint schedule premises

to the plaintiff within two months from the date of the decree

with a direction to pay a sum of Rs.94,590/- to the plaintiff

towards arrears of rent and a sum of Rs.7,35,000/- towards

damages ( Rs.15,000/- per month for a period of 49 months

from 01.07.2011 to 01.08.2015). Aggrieved by the same, the

defendant/tenant preferred an appeal before the lower

appellate Court in A.S.No.261 of 2015 and upon

consideration of the case on merits, the lower appellate

Court also vide its judgment and decree dated 20.01.2020

confirmed the decree and judgment of the trial Court by

additionally awarding costs of the appeal also. Assailing the

same, the tenant/defendant has come up with the Second

Appeal before this Court raising certain grounds as

substantial questions of law.

3. Having perused the judgments of the Courts below

and material available on record, this Court comes to a

conclusion that there is no substantial question of law

involved in the Second Appeal and the appellant is not

entitled for any kind of indulgence to interfere with the

judgments and decrees of the Courts below.

4. Accordingly, the Second Appeal is dismissed

directing the appellant herein to vacate the plaint schedule

premises within four (04) months from the date of the receipt

of a copy of this judgment and the appellant shall also clear

all the arrears of the amount as decreed by the Courts below

and shall continue to pay the agreed rent till his vacation of

the plaint schedule premises. There shall be no order as to

costs.

As a sequel, all the pending miscellaneous applications

shall stand closed.

_______________________ B.KRISHNA MOHAN, J.

Date : 04-02-2021 Gvl

THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN

SECOND APPEAL No.36 of 2021

Date : 04-02-2021

Gvl