KORATALA LEELA SATYA SAI Vs. GHANTA DHARMA RAO

JUDGEMENT

(1.) The appellant is the lessee of the premises bearing No.2-20-3 of Tenali owned by the respondent. The lease is said to have commenced in the year 1998, and that was to be for a period of ten years. The respondent got issued a notice, dated 06.04.2009 (Ex.A.1), requiring the appellant to vacate the premises. The appellant got issued a reply, dated 20.04.2009 (Ex.A.3), stating that the lease is for manufacture of footwear, and Ex.A.1, through which, he was required to vacate the premises, within one month, is not tenable in law. Thereafter, the respondent filed O.S.No.168 of 2009 in the Court of Additional Senior Civil Judge, Tenali, for eviction of the appellant.

(2.) The appellant filed a written statement, opposing the suit. He pleaded that initially, the premises were given on lease by the respondent to one Mr. Kantilal in the year 1990 for running a cloth shop, and said Kantilal, in turn, put the appellant in possession of the premises as a lessee, with the knowledge and permission of the respondent. It was pleaded that an agreement (Ex.B.1), in that behalf, was executed by Kantilal in favour of the appellant on 01.10.1998, and a specific mention to the effect that the purpose of the lease is to manufacture of footwear, and that Ex.A.1 is not tenable in law.

(3.) The trial Court decreed the suit through judgment, dated 13.03.2012. Aggrieved by that, the appellant filed A.S.No.87 of 2012 in the Court of XI Additional District Judge (Fast Track Court), Guntur at Tenali. The appeal was dismissed on 03.04.2013. Hence, this Second Appeal.