S A Nasir v. Zarfar

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO SECOND APPEAL No.454 of 2018 JUDGMENT :

Heard learned counsel for the appellant/defendant and learned counsel for the respondent/plaintiff and perused the grounds of appeal and concurrent findings of the Courts below.

2.

The relationship of landlord-tenant is not in dispute. In fact, there is no any substantial questions of law involved to admit the second appeal, but for to confirm the findings of the Courts below. 3.

Accordingly, rather than dismissal, the second appeal is disposed of by granting time to vacate till end of April, 2019 subject to payment of all arrears, pursuant to the concurrent findings of the Courts below, within three months in three (3) equal monthly installments and to pay from the date of the lower Courts' judgment towards use and occupation charges at Rs.8,000/- per month. Any non-payment consecutively for three months entitles eviction by execution of the decree without further reference to the Court. It is made clear that pursuant to the oral undertaking of the learned counsel for the appellant/defendant, the appellant shall not introduce any third party interest over the property and will not cause any acts of waste and keep the property as it is condition and vacate without any further extension of time.

Miscellaneous petitions pending, if any, shall stand closed. No costs.

____________________________ Dr. B. SIVA SANKARA RAO, J 27th April 2018 mar