P.Sudhamani vs Mr.Rakesh
2022 Latest Caselaw 8640 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE : S.A.No.493 of 2022 PROCEEDING SHEET

Sl. Date ORDER OFFICE No. NOTE

10.11.2022 SRS,J S.A.No.493 of 2022

Plaintiff in O.S.No.257 of 2016 being the appellant filed the present second appeal against the judgment and decree dated 22.08.2022 in A.S.No.2 of 2020 on the file of the IV Additional District Judge, Tirupati, Chittoor District, reversing the judgment and decree dated 28.11.2019 in O.S.No.257 of 2016 on the file of the Principal Senior Civil Judge, Tirupati, Chittoor District.

O.S.No.257 of 2016 is filed for recovery of Rs.10.00 lakhs from the defendant being arrears of rent with future interest at 24% per annum from the date of suit till the date of realization and for costs of the suit.

The trial Court decreed the suit with costs. Aggrieved by the same, defendant preferred A.S.No.2 of 2020 and the same was allowed on 22.08.2022. Hence, the present Second Appeal is filed by the plaintiff.

Heard.

ADMIT.

The following substantial questions of law arise for consideration.

1) Whether the judgment of the lower appellate Court is vitiated in coming to a conclusion that no rents need be paid during fit out period?

2) Whether the judgment of the lower appellate Court is vitiated in not considering Ex.A-1 and the admission made in Para No.4 of the written statement?

______ SRS,J I.A.No.1 of 2022 This application is filed to suspend the operation of the judgment and decree dated 22.08.2022 in A.S.No.2 of 2020 on the file of the IV Additional District Judge, Tirupati, Chittoor District.

Post along with appeal.

_________ SRS,J KA