AKKINENI VENKATA RANGA RAO Vs. KOLLIPARA SAI SUBRAHMANYAM

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree, dated 12.04.2006, passed in A.S.No.26 of 2005 on the file of the Additional Senior Civil Judge (Fast Track Court), at Gudiwada, whereby and whereunder the learned Additional Senior Civil Judge dismissed the appeal with costs filed by the appellant/1st defendant and confirmed the judgment and decree dated 29.08.2005 passed in O.S. No. 596 of 1999 on the file of the Principal Junior Civil Judge, Gudiwada.

(2.) THE appellant is the first defendant and whereas the respondent is the first plaintiff in O.S. No. 596 of 1999. One Lakshmi Narasamma was the owner of a terraced house bearing Door No. 12/31 with Assessment No. 12110 situated at 12th Ward, Gudiwada, Gudiwada Sub-Registry, Krishna District. The total extent of the site in which the house situates is 261 sq. yards. The first defendant Akkineni Venkata Ranga Rao took the premises on lease on 14.04.1979 for a period of two years on a monthly rent of Rs. 485/- for the purpose of running a coffee hotel. The second defendant Akkineni Venkateswara Rao negotiated with Lakshmi Narasamma with regard to terms of lease. The lease agreement was executed between the parties and the first defendant was inducted into possession of the premises as a tenant. The lease was extended from time to time. The said Lakshmi Narasamma died on 11.07.1980 leaving behind the first plaintiff Kollipara Sai Subrahmanyam as her sole legal heir. The first plaintiff extended the lease on the same terms and conditions from time to time and rent came to be enhanced to Rs. 2,100/- per month. Since the defendants demolished a tiled portion of the building by taking away wood and logs of roof and tried to put cement sheets in the place of tiled portion of the house, an objection was raised by the plaintiffs. The plaintiffs 1 and 2 are husband and wife. They got issued Ex.A1 quit notice dated 30.10.1999 terminating the tenancy of the defendants and demanding them to vacate the suit schedule property by granting 45 days time from the date of receipt of the notice. They also claimed Rs. 50,000/- towards damages and at the rate of Rs. 6,000/- per month for the unauthorized use and occupation of the premises after determination of the lease. The defendants got issued a reply notice. Therefore, the plaintiffs filed the suit for eviction and recovery of possession. They also sought for decree for damages of Rs. 59,380/- with interest @ 12% p.a. and future damages at the rate of Rs. 6,000/- per month for the use and occupation of the premises after determination of the lease.

(3.) THE trial Court settled the following issues for trial :