RAMESH CHARITIES Vs. R. RATNA SUDHA

JUDGEMENT

(1.) IMPUGNING the judgment and decree, dated 04 -06 -2013, passed by the learned II Additional Chief Judge, City Civil Court, Hyderabad, in decreeing the suit with consequential directions to the defendant (1) to vacate the suit premises and handover possession thereof within two months from the date of passing the judgment, (2) to pay a sum of Rs. 2,45,000/ - to the plaintiff towards arrears of rent with interest at 12% per annum from the date of suit till realisation, and (3) to pay damages at Rs. 75,000/ - per month from the date of suit till the date of delivery of possession, the defendant preferred the instant appeal.

(2.) FOR the sake of convenience, the parties are hereinafter referred to as arrayed in the suit before the Court below.

(3.) WHILE admitting that he approached the plaintiff to obtain the schedule premises on lease, the defendant has denied the quantum of rent at Rs. 60,000/ - payable in advance as claimed by the plaintiff. He denied, commencement of lease from 1st November, 2010 contending that the lease commenced from 1st December, 2010. He denied issuance of two cheques for Rs. 1,80,000/ - towards security deposit and Rs. 52,500/ - towards rent for the month of November, 2010, and that the cheques were dishonoured due to insufficiency of funds as contended by the plaintiff. According to him, besides the amount shown by the plaintiff in the table, he paid an amount of Rs. 49,000/ - to the plaintiff on 08 -04 -2011 by depositing the same into the account of the plaintiff maintained in Andhra Bank, Jubilee Hills Branch, Hyderabad, and submitted the counterfoil thereof for perusal of the Court. He denied the allegation that he committed default in payment of rent and the plaintiff getting the notice issued terminating the tenancy. Even, he denied the allegation that he was in unauthorised occupation of the schedule premises and entitlement of the plaintiff for Rs. 90,000/ - per month towards damages and so also the amount of Rs. 2,94,000/ - claimed by her towards rental amount with interest at 18% per annum.