Devisetty Venkata Koteswara Rao v. Chelamkuri Pannaga Veni
THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY SECOND APPEAL NO.465 OF 2018 DATED:27-04-2018 Between:
Devisetty Venkata Koteswara Rao ... Petitioner And Chelamkuri Pannaga Veni ... Respondent COUNSEL FOR THE APPELLANT: V.V.N. Narasimham COUNSEL FOR THE RESPONDENT: - THE COURT MADE THE FOLLOWING:
CVNR, J SA 465/2018 JUDGMENT:
This second appeal is filed against concurrent findings of fact in favour of the respondent. Admittedly, the tenancy in respect of the demised premises belonging to the respondent was on month to month basis and a quit notice under Section 106 of the Transfer of Property Act, 1882 was given by him to the appellant. Though the Court below has not accepted the plea of the respondent that the building has become dilapidated, both the Courts, however, upheld the plea of the respondent that Ex.A.4 quit notice dt.26.07.2010 was proper and legal. In the light of these concurrent findings, I do not find any merit in this second appeal and the same is accordingly dismissed. The appellant is, however, granted one month's time from today for delivering the vacant possession of the suit schedule property.
As a sequel to dismissal of the second appeal, I.A. Nos.1 and 2 of 2018 shall stand disposed of as infructuous. ___________________________ C.V. NAGARJUNA REDDY, J 27-04-2018 bnr
CVNR, J SA 465/2018