NANDINAMPATI LAKSHMI NARASIMHA RAO Vs. SRIKONDA VEERA RAGHAVAMMA

JUDGEMENT

(1.) THESE three appeals arise out of a common judgment and decree dated 25.9.1995 passed by the learned Subordinate Judge, Eluru in O.S. No. 50 of 1992 and O.S. No. 65 of 1993. O.S. No. 50 of 1992 was filed seeking the relief of specific performance of an oral agreement of sale in respect of the premises bearing Door No. 7A-9-27/2 along with a site of 71.6 sq. yards situate at Main Bazaar, Eluru town or in the alternative to pay damages of Rs. 2.00 lakhs. O.S. No. 65 of 1993 was filed seeking eviction of the defendants from the above premises and for recovery of arrears of rent and damages. Both the suits having been dismissed by a common judgment, the plaintiff in O.S. No. 50 of 1992 filed A.S. No. 104 of 1997, and the plaintiff in O.S. No. 65 of 1993 filed A.S. No. 154 of 1995 on the file of I Additional District Court, West Godavari District at Eluru, which subsequently was transferred pursuant to an order of this Court and renumbered as A.S. No. 1943 of 1998. The defendants in O.S. No. 65 of 1993 filed the appeal A.S. No. 3 of 1996 initially as against part of the decree in O.S. No. 65 of 1993 whereunder the suit was decreed for rents of Rs. 48,049/- before the District Court, West Godavari at Eluru, which had also been transferred pursuant to an order of this Court and was renumbered as A.S. No. 2283 of 1999. As in these three appeals the parties are same, and common questions of law and facts are involved, they can be disposed of together.

(2.) THE facts leading to the filing of the present appeals in brief may be stated that :-

(3.) IT is the case of the plaintiff in O.S. No. 50 of 1992 that the rent of the premises was increased and was split up at Rs. 700/- per mensem for Sri Savithru Silk Palace and Rs. 300/- payable per mensem for Sri Savithru Textiles, but in lumpsum each year by 31st March besides paying a sum of Rs. 900/- per year. The rent used to be paid accordingly in respect of the suit property for Sri Savithru Silk Palace and Sri Savithru Textiles by way of cash and by way of adjustments towards the value of the goods purchased on credit as per the respective accounts. Durga Prasadarao, the son of late Bhimeswara Rao used to sign in the account books of both the firms. There was a fire accident on 30.7.1986 where, according to Lakshmi Narasimharao, the stock in trade relating to both the firms was gutted, resulting in loss of about five lakhs. Lakshmi Narasimharao got the building repaired with his own expenses so as to enable him to carry on the business with the consent of Veera Raghavamma and her step-son Durga Prasadarao, on an understanding that Lakshmi Narasimha Rao might carry on the business in the said building as long as he liked, and preference would be given to him for purchasing the same in the event of any sale of the suit property.