L.NARASIMHA REDDY
Taste Hotels – Appellant
Versus
Medisetty Jayasri – Respondent
The appellant is a lessee in respect of a three storied building bearing Door No.5-408 of Ongole Town, owned by the respondents. The lease commenced in May, 2006 with a monthly rent of Rs.50,000/-. The respondents got issued notice, dated 29.03.2007, requiring the appellant to vacate the premises, on the ground that the rents for the period between October, 2006 and November, 2007, were not paid. Thereafter, correspondence ensued between the parties. The respondents, ultimately, filed O.S.No.4 of 2008 in the Court of Additional Senior Civil Judge, Ongole, for the relief of recovery of possession of the suit schedule property. The suit has since been transferred to the Court of VII Additional District Judge, Ongole, and renumbered as O.S.No.105 of 2010.
The respondents filed I.A.No.42 of 2008 under Rule 1 of Order XVA C.P.C. (in its application to the State of Andhra Pradesh) with a prayer to direct the appellant herein to deposit the arrears of rent. The appellant contested the application by stating that a sum of Rs.2,55,000/- was already paid as advance. Other relevant factors were also pleaded. The trial Court passed an order, dated 26.06.2009, in that I.A., by directin
Balraj Taneja v. Sunil Madan: AIR 1999 SC 3381. (Para 5)
Kedarisetti Atmaram v. N.Seetharama Raju: 2011 (1) ALT 87. (Para 5)
Uttam Singh Dugal and Company v. Union Bank of India: 2000 (5) Supreme 425. (Para 6)
Sangita Agrawal v. Sneha Puspha Traders Private Limited: 2009 (5) ALD 438. (Para 6)
Razia Begum v. sahebzadi Anwar Begum: AIR 1958 SC 886 = 1959 SCR 1111. (Para 21)
Alka Gupta v. Narender Kumar Gupta: 2011 (1) ALT 7 (SC) = 2010 (8) SCJ 222. (Para 29)
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