KOPPULA KOTAIAH Vs. GUMMADI VASANTHA RAO

JUDGEMENT

(1.) This Second Appeal has been preferred by the defendant in O.S. No. 677 of 1984 on the file of the II Additional Munsif Magistrate, Guntur.

(2.) The plaintiff filed a suit against the defendant for ejectment. The suit was decreed as prayed for. Being aggrieved by the judgment and decree of the trial Court, the defendant preferred A.S. No. 61 of 1990 on the file of the II Additional District Judge, Gunutr. The appeal was also dismissed by confirming the judgment and decree of the trial Court. Being aggrieved by the judgment and decree of the appellate Court, the defendant preferred the present appeal by raising the following points as substantial questions of law to be considered by this Court:

(3.) The plea of the plaintiff is that he is the owner of the plaint schedule property and he constructed zinc sheeted shed and let out the same to the defendant for Rs. 20/- per month. The defendant paid rent for one month and subsequently he committed default in payment of rent. Therefore, the plaintiff issued a termination notice against the defendant, as there was no reply from him. Hence, the termination of tenancy is confirmed. But, the defendant continued to be in possession as an unauthorised occupant. As the defendant and others filed a suit for permanent injunction, the plaintiff could not get him vacated, therefore, he filed a suit for ejection.