K. PRABHAKAR REDDY Vs. LAKKARAJA MUNIRATHNAM

JUDGEMENT

(1.) The respondents herein are the owners of a building, which was being used as a hotel in the name and style of Hotel Annapurna, situated in Tirupati town. The said hotel is the schedule premises of the suit. The respondents had let out the suit schedule premises to M/s. Sri Venkateswara Associates, a partnership firm having four partners, for a period of 7 years commencing from 15/7/2007 to 14/6/2014. The terms and conditions of the lease were said to have been reduced in writing on 14/8/2007 by way of an unregistered lease agreement on a monthly rent of Rs.2,75,000.00 per month initially, which was to be increased to Rs.3,00,000.00 per month till 15/6/2012 and Rs.3,60,000.00 from 15/6/2012 to 14/6/2014. Thereafter the rent was reduced to Rs.2,04,000.00 by mutual agreement under a supplementary lease deed, which also extended the lease up to 31/3/2015.

(2.) On 9/1/2014, the respondents received papers through Court informing them that O.S.No.20 of 2015 had been filed by the lessees before the III Additional District Judge, Tirupati for an injunction against them. Thereafter, a legal notice was issued by the plaintiffs on 21/2/2015 to which a reply was given on 23/3/2015.

(3.) The dispute finally culminated in filing of O.S.No.107 of 2015 before the IV Additional District Judge, Tirupati against five persons, who were said to be the partners of M/s. Sri Venkateswara Associates. This suit was filed for a decree and judgment directing the defendants to vacate the suit premises and deliver the peaceful possession of the same to the plaintiffs and for payment of costs, and such other orders that the Court may deem fit. It appears that the appellants had also filed O.S.No.132 of 2016 claiming damages of Rs.1,65,00,000.00. This suit was dismissed for default and the appellants have moved this Court by way of C.R.P.No.2180 of 2019, which is still pending before this Court.