KONDADASU RANGA RAO Vs. BATCHU NAGA VENKATA SATYANARAYANA

JUDGEMENT

(1.) This appeal has been preferred against the Judgment and decree dated 15-11-1989 passed in AS No.25 of 1983 on the file of the Sub-Court, Gudivada, confirming the Judgment and decree dated 8-9-1983 passed in OS No.112 of 1982 on the file of the District Munsif, Gudivada in Krishna District.

(2.) The appellant herein is the first defendant and the respondent herein is the plaintiff in the said suit OS No.112 of 1982. The parties are being referred as they are arrayed in the suit.

(3.) The respondent-plaintiff filed the said suit for eviction and for delivery of possession of the suit building bearing Door Number 3/114 situated in Gudlavalleru village along with the adjacent open site, for recovery of arrears of rent and damages for use and occupation of the said building. It is the case of the plaintiff that the first defendant took the suit building on lease from the plaintiff on 1-7-1977 for a period of 11 months for the purpose of running a shoe shop on a monthly rent of Rs. 150.00 apart from electricity charges and executed an agreement of lease. The first defendant failed to vacate the premises on the expiry of the said lease and thus continued as tenant-holding over and rent was enhanced to Rs.210.00 per month from 1-3-1980. The first defendant sub-leased the southern portion of the building to the second defendant on a monthly rent of Rs.100.00. The first defendant also committed default in paying monthly rent from 1-12-1980. Hence the plaintiff issued registered notice to the defendants on 20-1-1982 terminating the tenancy and claiming arrears of rent and also damages for use and occupation at Rs.400.00 per month and the first defendant issued a reply with false allegations. Hence the plaintiff filed the suit for the reliefs as stated supra.