Gandikota Surya Sree vs Sankula Vidya Devi
2021 Latest Caselaw 3573 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.1339 of 2018
                                      PROCEEDING SHEET
Sl.      Date                                   ORDER                                 OFFICE
No.                                                                                    NOTE
5.    16.09.2021   MVR,J                                                              Tr. to I-
                                      S.A.No.1339 of 2018                             O folder
                       Heard Sri Narasimha Rao Gudiseva, learned counsel for           before
                                                                                      correcti
                   the appellant. Sri K.V.Rajendra Prasad, learned counsel for
                                                                                       ons if
                   the respondent did not appear online this day also.                  any.
                                                                                      Pl.verify
                       Upon consideration of the decrees and judgments of the
                                                                                          .

trial Court as well as the 1st appellate Court, since the following substantial questions of law arise for determination in the second appeal, ADMIT.

1. Whether the court below have committed error in holding that the Quit Notice issued under Section 106 of the Transfer of Property Act is valid, when the respondent/landlord is no other than the mother of the appellant/defendant and there are no arrears of rentals, in the light of said facts, the courts below should be held that the Quit Notice issued under Section 106 of the Transfer of Property Act is an invalid notice?

2. Whether the courts below are justified in holding that lease period was expired in the year 2004, when Section 116 of the Transfer of Property Act is clear that when the appellant/tenant has been depositing the rents in the bank account of landlord and she has been receiving rentals regularly, even beyond the lease period, in such a case, the courts below should have presumed that the said lease was extended as per the terms of lease agreement?

3. Whether the 1st appellate court is justified in disposing the appeal without formulating proper points for consideration and more preferably without evaluating the oral and documentary evidence and any adjudication with regard to Ex.A1, which has resulted the miscarriage of justice or not?

Issue notice to the respondent.

List the matter during the 3rd week of December, 2021 along with I.A.

______ MVR,J Pab