TASTE HOTELS PRIVATE LIMITED Vs. MEDISETTY JAYASRI

JUDGEMENT

(1.) The Appellant is a lessee in respect of a three storied building bearing Door No. 5-408 of Ongole Town, owned by the Respondents. The lease commenced in May, 2006 with a monthly rent of Rs. 50,000/-. The Respondents got issued notice, dated 29.03.2007, requiring the Appellant to vacate the premises, on the ground that the rents for the period between October, 2006 and November, 2007, were not paid. Thereafter, correspondence ensued between the parties. The Respondents, ultimately, filed O.S. No. 4 of 2008 in the Court of Additional Senior Civil Judge, Ongole, for the relief of recovery of possession of the suit schedule property. The suit has since been transferred to the Court of VII Additional District Judge, Ongole, and renumbered as O.S. No. 105 of 2010.

(2.) The Respondents filed I.A. No. 42 of 2008 under Rule 1 of Order XVA Code of Civil Procedure (in its application to the State of Andhra Pradesh) with a prayer to direct the Appellant herein to deposit the arrears of rent. The Appellant contested the application by stating that a sum of Rs. 2,55,000/- was already paid as advance. Other relevant factors were also pleaded. The trial Court passed an order, dated 26.06.2009, in that I.A., by directing the Appellant to deposit a sum of Rs. 10,50,000/-, as arrears up to June, 2008, after deducting Rs. 2,55,000/- already deposited into the Court, within 30 days. Further, a direction was issued to deposit monthly rents from time to time, till the disposal of the suit. Thereafter, several applications were filed by the parties either for extension of the time or for striking off the defence and orders of different purport were passed.

(3.) The Respondents filed I.A. No. 479 of 2010 under Rule 6 of Order XII read with Rule 1 of Order XV(1)(A) and under Section 151 Code of Civil Procedure with a prayer to strike off the defence of the Appellant herein and to render the judgment as provided for under Rule 6 of Order XII Code of Civil Procedure I.A. No. 480 of 2010 was filed under Section 151 Code of Civil Procedure with a prayer to direct the Appellant herein to submit the returns in Form 16-A under Section 203 of the Income Tax Act. The Appellant opposed both the applications by raising various grounds of fact and law. Through a common order dated 16.03.2011, the trial Court allowed both the applications and had struck off the defence of the Appellant. Simultaneously, it had decreed the suit, through a judgment running into few lines, directing the Appellant to vacate the premises within 30 days from the date of the decree. Hence, this appeal.