VUTCHULA SREENIVASA RAO Vs. PUVVALA NARAYANA RAO

JUDGEMENT

(1.) Aggrieved by the concurrent judgments and decrees of eviction passed by both the Courts below, the defendant/ tenant has come up with the above second appeal.

(2.) Heard Mr. P.S.P. Suresh Kumar, learned counsel for the appellant. Mr. Y.Koteswara Rao, learned counsel, takes notice for the respondent.

(3.) The respondent filed a suit in O.S.No.94 of 2009 for eviction and also for damages for use and occupation in a sum of Rs.4,500.00 per month. The case of the respondent/ plaintiff was that by virtue of a registered lease deed dtd. 29/1/2003, the appellant took the suit schedule property on monthly rental basis for a period of five years from 1/2/2003 to 31/1/2008; that a sum of Rs.15,000.00 was paid as advance and the monthly rent was fixed at Rs.1,500.00 with a clause for enhancement at the rate of 10% every year; that on 23/1/2009, the respondent/plaintiff issued a quit notice; that on 30/1/2009, the appellant received the notice, but failed to vacate the same and that therefore the plaintiff was obliged to file the suit.