Guntapalli Srinivasa Rao v. Vinjamuri Subba Rao

THE HON'BLE SRI JUSTICE G.CHANDRAIAH C.R.P.NO.1635 OF 2014

O R D E R

The petitioner was the tenant and the respondent is the landlord of the petition schedule premises and as he defaulted in payment of rents regularly, respondent approached the Legal Services Authority, Visakhapatnam and as the parties entered into compromise, by awarded dated 4.10.2013 in P.L.C.No.187/2013, the petitioner was given time till 31.3.2015 to vacate the petition schedule premises and in case of default, the respondent was given liberty to file execution petition. As the petitioner failed to pay the rents and thereby committed default, the respondent filed execution petition in E.P.No.26/2013 in PLC.No.187/2013 on the file of Principal District Judge, Visakhapatnam. Before the executing court, the petitioner, having admitted the committing of default, sought to contend that the respondent with an evil intention, approached the court. The executing court, by the impugned order dated 2.6.2014, rejecting the plea of the petitioner, allowed the execution petition.

From the facts and circumstances it is clear that the respondent admitted to vacate the premises before the Lok Adlat and also admitted that he committed default in payment of rent even after passing of award. Hence, the court below rightly rejected his plea and allowed the execution petition and I do not find any merit in the revision and the same is dismissed. No costs.

Miscellaneous petitions, pending if any, shall stand closed. ----------------------------------------------- 27-03-2015 AVS