Ravuri Venkateswara Rao, vs The State Of A. P.,
2021 Latest Caselaw 954 AP

       HONOURABLE SRI JUSTICE B. KRISHNA MOHAN

                 SECOND APPEAL No.44 of 2021


JUDGMENT:

The Second Appeal arises against the Judgment and

decree dated 20.01.2021 passed in A.S.No.96 of 2018 on the file

of the Court of III Additional District Judge, Guntur confirming

the Judgment and decree dated 18.01.2018 in O.S.No.263 of

2014 on the file the Court of III Additional Junior Civil Judge,

Guntur.

The appellants herein are the appellants in the lower

appellate Court and the defendants in the suit. The respondent

herein is the respondent in the lower appellate Court and the

plaintiff in the suit.

The suit is filed for eviction of the defendant from the

plaint schedule property and delivery of vacant possession of the

same with costs. It is the case of the plaintiff that he is the

absolute owner of the suit schedule property i.e Flat No.601, 5th

floor, Sri Sai Eswar Villa Apartment bearing Assessment

No.14648 with an undivided share of 27 square yards, he

purchased the said flat from Gogineni Baby Padmini under a

Registered Sale deed vide document No.7498/2011 dated

25.06.2011 for a valid consideration, whereas the defendant

had taken the plaint schedule flat from Gogineni Baby Padmini

on a lease at the rate of Rs.5,500/- per month with effect from

09.05.2010 and he has been residing therein along with his

family. Since there has been a default committed by the

tenant/defendant in payment of the rent, the plaintiff was

constrained to file a suit for eviction. The same was contested by

the defendant contending that the agreed rent to be paid is only

Rs.1,500/- per month. But the Trial Court came to a conclusion

that the defendant had committed default and he is not entitled

to be continued as a tenant in the suit schedule flat. Accordingly

the suit was decreed directing the defendant to vacate the suit

schedule property on or before 31.03.2018.

Aggrieved by the same, the defendant/tenant preferred the

first Appeal in A.S.No.96 of 2018 on the file of the Court of III

Additional District Judge, Guntur. During the pendency of the

appeal, sole defendant died and the respondent No's.2 to 4 came

on record as his legal heirs. Upon considering the same on

merits the lower appellate Court dismissed the appeal by

confirming the Judgment and Decree of the Trial Court vide its

Judgment dated 20.01.2021. Assailing the same, the present

Second Appeal is filed by the defendant/tenant raising certain

grounds.

Heard the learned counsel for the appellants as well as the

learned counsel for the respondent.

The main contention raised by the appellants herein is

that the rent was fixed at the rate of Rs.1,500/- per month and

if there is any grievance, the respondent has to file a petition

under Section.10 of Andhra Pradesh Buildings(Lease Rent and

Eviction) Control Act, 1960 instead of filing O.S.263 of 2014 on

the file of the Court of learned III Additional Junior Civil Judge.

But for the purpose of substantiating the said ground the

appellants could not demonstrate before the Court in any

manner to establish their case.

On perusal of the said Judgments of the Courts below and

the material available on record this Court finds that there is no

substantial question of law for entertaining this Second Appeal

and accordingly the Second Appeal is dismissed directing the

appellants herein to vacate the suit schedule property within a

period of three (3) months from today. The appellants/tenants

shall also clear all the dues before vacating the suit premises

within the time fixed as above. There shall be no order as to

costs.

Consequently miscellaneous applications pending, if any,

shall also stand closed.

________________________ B. KRISHNA MOHAN, J

Date: 18.02.2021 TM

HONOURABLE SRI JUSTICE B. KRISHNA MOHAN

Second Appeal No.44 of 2021

Dated: 18.02.2021

TM