REDDY RAMAMURTHY Vs. GOLI BHASKARA RAO

JUDGEMENT

(1.) Aggrieved by the judgment and decree dated 11-8-1994 in O.S. No.510 of 1991 of the Principal Subordinate Judge, Visakhapatnam, the unsuccessful defendant filed the present appeal and on his death during the pendency of the appeal, appellant Nos.2 and 3 were brought on record as his legal representatives.

(2.) O.S. No.510 of 1991 was filed by the respondent herein alleging that the house bearing No. 16-6-13, Official Colony, Visakhapatnam belonging to the plaintiff was leased out under an oral agreement to the defendant on a monthly rent of Rs.3,500/- from 12-2-1989 and a notice was issued by the plaintiff on 10-9-1991 terminating the tenancy with effect from 28-9-1991 and a correction notice was issued on 18-9-1991 demanding delivery of vacant possession by 12-10-1991. In the absence of any reply from the defendant, the suit was filed for eviction, recovery of arrears of rent till termination and recovery of damages for use and occupation thereafter at Rs. 10,000/- per month as well as the electricity charges paid by the plaintiff.

(3.) The defendant resisted the suit on various grounds and primarily questioned that the quit notice and the rejoinder were not legal or adequate and do not duly determine the tenancy. A reply was sent accordingly. Hence, the defendant sought for dismissal of the suit.