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2021 Supreme(AP) 588

M.VENKATA RAMANA
Bugga Ramaiah S/o Nagabhushi – Appellant
Versus
T. Sriramulu S/o Tellam Venkata Krishnaiah Chetty – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sreekanth Reddy Ambati.
For the Respondent: P.A. Seshu.

JUDGMENT :

M. VENKATA RAMANA, J.

1. The defendants, who were the tenants of the plaint schedule premises, are the appellants.

2. The respondent as the plaintiff instituted the suit against the appellants for their eviction, arrears of rent and future damages for use and occupation.

3. The respondent is the owner of the plaint schedule premises. It is an open space bearing Door No. 66/50 of Fort, Kurnool with a room therein.

4. The appellants were carrying on wholesale business in sale of fruits from this premises. They obtained this premises from the respondent with effect from 01.09.1989 on a monthly rent of Rs. 1800/- agreeing to enhance by 35% once in three years. It appears that the appellants did not stick on to this rate of enhancement and who chose to pay a monthly rent of Rs. 2200/- with 25% of enhancement on the original rent for next three years upto 1995. Thereafter, the rent was enhanced to Rs. 2800/- with effect from 01.09.1995.

5. In respect of first two terms of this tenancy, rent notes were entered into in between these parties stipulating certain terms admittedly.

6. Stating that the appellants failed to pay rent from May, 1996 in spite of his repeated demands and since t

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