Gajula Yedukondalu vs Malla Srinivasarao
2022 Latest Caselaw 2423 AP

                             HIGH COURT OF ANDHRA PRADESH


MAIN CASE NO:         S.A.No.213 of 2022
                                    PROCEEDING SHEET
Sl.N      Date                              ORDER                              OFFICE
 o.                                                                             NOTE

                    BSB, J
       06.05.2022
                        Heard the learned counsel for the appellant.
                        The suit is filed for eviction and the same
                    was dismissed, but the appeal filed by the
                    landlord was allowed. The aggrieved defendant
                    filed the second appeal on the following
                    substantial     questions   of   law    among      other
                    grounds.
                         A) When the Lower Appellant Court did not
                        consider in proper prescriptive that the plaintiff
                        having received the rents from the defendant
                        after issuing Ex.A.1 quit notice would amount to
                        waiver. If so, vitiated the judgment of the Lower
                        Appellant court.

                        B) When the plaintiff issued noticed under
                        section 106 Transfer of property Act, for eviction
                        of tenant from the schedule property, but
                        received the rents @ Rs 6000/- per month till
                        October, 2018 for the schedule property cannot
                        seek eviction of tenant on the ground of arrears
                        of rent.? If so, vitiate the judgment of the Lower
                        Appellant court.

                        C) When the plaintiff failed to prove the issuance
                        of quit notice, Ex.Al and service of the same
                        under Ex.A2, by examining the witness with
                        regard to service on the defendant. The
                        judgment of the Lower appellant Court is
                        vitiated.

                        E). Whether the Judgment of Lower appellant
                        court can be sustained when the plaintiff had
                        failed to prove that the monthly rent of the
        premises is Rs.12,000/- per month but not
       Rs.6000/ per month as pleaded by the defendant.

        In view thereof, it is a fit case to admit
the appeal.
        ADMIT.
        Notice to respondent.

Post on 30.06.2022.

Learned counsel for the appellant is permitted to take out personal service of notice to the respondent through RPAD and file proof thereof.

_________________ B.S.BHANUMATHI,J

I.A.No.1 of 2022

This petition is filed to stay all further proceedings pursuant to the judgment and decree in O.S.No.118 of 2014 on the file of I Additional Senior Civil Judge, Rajamahendravaram.

Learned counsel for the petitioner submitted that the respondent is likely to take the impugned decree in execution, as the time stipulated by the appellate court is expired and further that the rents are not due since the appellant is regularly paying.

Notice to respondent.

Post on 30.06.2022.

Learned counsel for the petitioner /appellant is permitted to take out personal service of notice to the respondent through RPAD and file proof thereof.

Till then, interim stay is granted, as prayed for.

_________________ B.S.BHANUMATHI,J PNV