G.Nagender v. Rapelli Gopi Krishna

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER SECOND APPEAL No. 301 OF 2018 JUDGMENT:

The Second Appeal is filed by the unsuccessful defendant against the judgment and decree dated 05.12.2017 in Appeal Suit No.31 of 2016 on the file of the Principal District Judge, Nizamabad, whereby the judgment and decree dated 27.10.2016 in Original Suit No.140 of 2013 on the file of the Principal Junior Civil Judge, Nizamabad, decreeing the suit filed for eviction of the defendant from the suit schedule property and for recovery of arrears of rent, were confirmed.

2.

Heard both sides and perused the evidence on record. 3.

During the course of submissions, it has been agreed by the learned counsel for the appellant-defendant that the defendant, who is tenant, will evict the suit schedule premises and hand over vacant possession thereof to the respondents-plaintiffs within six months from today. The said submission is taken on record. Learned counsel for the respondents-plaintiffs conceded for grant of some time to the appellant-defendant to evict the suit schedule premises.

4.

Even on merits, both the courts below rightly ordered eviction of the appellant-defendant from the suit schedule premises and directed him to pay arrears of rent. These findings are based on the evidence. The proposed substantial questions of law in the grounds of appeal are only on factual aspects. Both the Courts below analysed the entire evidence on record and gave concurrent findings on the factual aspects. None of the findings is shown to be perverse. The findings are based on record and there is no infirmity. There are no grounds to take a different view. Under these circumstances, no question of law, much less substantial question of law, as contended by the appellant-defendant to deal with under Section 100

of the Code of Civil Procedure, 1908, comes up for determination so as to admit the Second Appeal. Therefore, there are no grounds to admit the Second Appeal. The Second Appeal is devoid of merit and is liable to be dismissed.

5.

However, in view of the submission made by the learned counsel for the appellant-defendant and as conceded by the learned counsel for the respondents-plaintiffs as indicated in paragraph No.3 of this judgment, the appellant-defendant is directed to vacate the suit schedule premises and hand over vacant possession thereof to the respondents-plaintiffs within a period of three months from today. The respondents-plaintiffs are entitled to recover the arrears of rent awarded by the courts below in accordance with the procedure established by law.

6.

With the above direction, the Second Appeal is dismissed at the stage of admission. Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs. _______________________ Dr. SHAMEEM AKTHER, J Date: 30.08.2018 siva