Nalla Veera Venkata Raju ... vs Kondapalli Surya Kumari
2022 Latest Caselaw 3346 AP

        HON'BLE SRI JUSTICE K.SURESH REDDY

                        S.A.NO.258 OF 2022

JUDGMENT:-

      The defendant in O.S.No.572 of 2013 on the file of the

Court of I Additional Senior Civil Judge, Rajamahendravaram is

the appellant herein.


2.    The respondent herein filed the above suit for eviction

from the suit schedule shop and for recovery of arrears of rent

besides for grant of future damages.

3. The averments of the plaint are that the plaintiff is the

absolute owner of the shop bearing D.No.45-49-63 situated at

Mahatma Gandhi Wholesale Cloth Complex, Tadithota,

Rajahmundry. The premises consist of ground and first floor. The

defendant is a tenant in occupation of the entire premises

consisting of ground and first floor. Initially, the defendant

obtained lease for the first floor about eight years ago and

ground floor for about six years ago. The lease in respect of the

entire suit schedule shop was renewed from time to time. The

last agreement of lease was executed on 26-03-2010 for a

period of three(3) years commencing from 26-03-2010 and

ending with 26-03-2013 subject to the payment of rent of

Rs.12,000/- per month for the entire schedule property. The

defendant paid an amount of Rs.1,16,000/- as an advance,

which has to be refunded at the time of vacating the suit

schedule property. After obtaining the ground floor, the

defendant constructed a staircase and using the entire premises 2 KSR,J SA_258_22

for running the cloth business under the name and style of

"Manisha Silks". Even though, the ground and first floor became

united, the plaintiff used to issue receipts separately for

Rs.8750/- and Rs.3,250/-, totaling Rs.12,000/- per month for

tax purpose of defendant. The defendant paid rents up to

January,2013 and obtained bills. Thereafter, from the month of

February-2013 to September,2013 i.e., eight months amounting

to Rs.96,000/-, the defendant did not pay the rents. As such, the

plaintiff issued a quit notice, dated 12-10-2013 determining the

tenancy w.e.f.30-11-2013. Having received the notice on 13-10-

2013, the defendant issued a reply, dated 14-11-2013 with false

allegations. The defendant sent demand draft for the month of

October,2013, but sofar arrears from February-2013 to

September-2013 are concerned, the defendant did not pay the

rents. Despite termination of tenancy by the end of

October,2013, the defendant did not vacate the premises.

Hence, he filed the above suit.

4. Having received the summons, the defendant filed a

written statement stating that there are two agreements. Sofar

as first portion is concerned, the rent was agreed @ Rs.3,250/-

and the ground floor is concerned, the rent was agreed @

Rs.8,750/- per month. Both the rents are different and distinct.

He further contended that there was no default committed by

him at any point of time. After receipt of the rents for the month

of January,2013, the plaintiff through her husband started to

insist the defendant to enhance the rent. The plaintiff quoted

exorbitant figures unreasonably. He was regular in paying the 3 KSR,J SA_258_22

rents and there was no default. But, the plaintiff did not issue

receipts for the rents from February,2013 to September,2013.

Thereafter, he was issuing the receipts. Sofar as arrears of

Rs.96,000/- are concerned, as there was already advance of

Rs.1,16,000/- with the plaintiff, the same ought to have been

adjusted by him.

5. The plaintiff as well as the defendant adduced evidence as

per their respective pleadings. After an elaborate trial, the trial

court decreed the suit and directed the defendant to vacate the

premises within three(3) months from the date of judgment. The

defendant is further directed to pay arrears of rent of

Rs.96,000/- with interest @ 6% per annum from February-2013

to till realization. The judgment was passed on 23-10-2018.

Aggrieved by the same, the defendant filed Appeal Suit viz.,

A.S.No.2 of 2019 before the Court of X Additional District Judge,

Rajahmahendravaram. After hearing both sides, the Appeal was

dismissed by judgment, dated 28-02-2022 confirming the

judgment and decree passed by the trial court. Aggrieved by the

same, the defendant/tenant filed the present Second Appeal.

6. Heard Sri E.V.V.S.Ravi Kumar, learned counsel appearing

for the appellant and Sri P.Rajesh Babu, learned counsel

appearing for the respondent.

7. This court perused the entire material on record. After an

elaborate trial, the trial court decreed the suit holding that the

appellant/defendant committed willful default in paying rents

from February,2013 to September,2013. Merely because, 4 KSR,J SA_258_22

advance amount of Rs.1,16,000/- was lying with the plaintiff, it

cannot be said that the said amount can be adjusted towards

arrears. The lower appellate court also considered and dismissed

the appeal holding that the appellant/defendant committed

willful default in paying the rents. Hence, this court is of the

considered view that there are no questions of law much less

substantial questions of law that arises for consideration in this

Second Appeal.

8. However, sofar as interest @ 6% per annum on arrears is

concerned, the same is set aside as the advance amount of

Rs.1,16,000/- was lying with the respondent/plaintiff. As the

plaint schedule shop is a commercial premises, the tenant can be

given a reasonable time to make his alternative arrangement as

he has been running the business for a quite long time.

9. In that view of the matter, the judgment and decree

passed by the trial court, which was confirmed by the first

appellate court, is modified to the extent of deleting the interest

part alone i..e, @ 6% per annum on the arrears amount of

Rs.96,00/- is concerned. Further, the appellant/defendant is

directed to vacate the premises within a period of nine(9)

months from today. During this period, the appellant/defendant

is directed to pay monthly rents on or before 10th of every

succeeding month regularly. The appellant is further directed to

deposit the arrears amount i.e., Rs.96,000/- and costs imposed

by the court below within a period of four weeks from the date of

receipt of a copy of this order.

                                    5                            KSR,J
                                                            SA_258_22

10. Accordingly, with the above modification, the Second

Appeal is dismissed at the stage of admission. No order as to

costs.

Miscellaneous Petitions pending, if any, shall stand closed

in consequence.

__________________ K.SURESH REDDY,J 04-07-2022.

TSNR