Kaduri Lakshminarayana v. Chinnari Satyanarayana

THE HONOURABLE SRI JUSTICE RAJA ELANGO SECOND APPEAL NO.557 OF 2011 JUDGMENT: This Second Appeal, under Section 100 of the Code of Civil Procedure, 1908 (for short, ‘CPC’), is directed against the judgment and decree, dated 11.03.2011 passed in A.S.No.6 of 2010 on the file of Senior Civil Judge, Parvathipuram, whereunder and whereby, the judgment and decree, dated 22.03.2010, passed in Original Suit No.130 of 2008 on the file of the Principal Junior Civil Judge, Parvathipuram, were confirmed.

Originally O.S.No.130 of 2008 was filed by the respondent herein for eviction of the appellant herein from the suit schedule premises and also for damages. The trial Court after considering the oral and documentary evidence, decreed the suit directing the appellant herein to vacate the suit schedule premises within three (3) months from the date of judgment. It was further directed that the appellant shall pay damages @ Rs.4,600/- per month from 21.08.2008 till he vacates and handover the same to the respondent. The amount deposited into the Court by the appellant shall be adjusted towards damages awarded. The appellant also shall pay the Court fee on the damages to be calculated @ Rs.4,600/- per month from 21.08.2008 till the date of judgment within ten days. The appellant also shall pay the Court fee on future damages from the date of judgment till he vacates and handover the schedule premises at the time of execution of decree as required under Section 41 of A.P.C.F. and S.V. Act. On appeal, the same was confirmed.

Heard both sides.

Learned counsel for the appellant filed an undertaking affidavit before this Court which reads as follow:- “1. I submit that I filed the above Second Appeal against the eviction decree passed by the Lower Court which was confirmed by the Lower Appellate Court. “2. I submit that I am running a shop in Readymade Garments in the demised premises and I invested huge amounts for furniture and other material. I further submit I gave an amount of Rs.1,50,000/- as advance and as per the recitals of the lease deed the respondent agreed to return the said amount at the time of vacation of the demised premises. I am regular in depositing the rents and there are no arrears.

3. I submit that the Hon’ble Court may kind enough to grant me one year time to vacate the demised premises and I hereby undertake that I will vacate the premises without the intervention of the courts after the expiry of the said period of one year”

In view of the undertaking affidavit stated above, the appellant is directed to vacate the premises on or before 30.04.2012. Learned counsel for the respondent also agreed regarding the advance amount paid by the appellant and agreed to repay the same after deducting the rents for the following months and also if any thing to be deducted at the time of vacating the premises.