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SUBBA REDDY SATTI
Pabolu Arkjaneyulu – Appellant
Versus
Nanik Sai Nani – Respondent
JUDGMENT :
1. Defendant in the suit filed the above second appeal, against the judgment and decree dated 02.05.2022 in A.S.No.31 of 2016 on the file of XIII Additional District Judge, Gajuwaka, confirming the judgment and decree dated 08.03.2016 in O.S.No.304 of 2013 on the file of Additional Senior Civil Judge, Gajuwaka.
2. For the sake of convenience and brevity, the parties to this judgment are referred to as they are arrayed in the plaint.
3. Plaintiff filed the suit O.S.No.304 of 2013 seeking ejectment of the defendant from the plaint B schedule property and to deliver vacant possession of the same to the plaintiff; for recovery of Rs.2,32,500/-towards arrears and future damages at Rs.30,000/-per month.
4. In the plaint, it was contended interalia that the plaintiff for his business purpose purchased the building admeasuring 67.55 square yards consisting of four shops in ground floor and two shops in first floor at Gajuwaka under a registered sale deed dated 18.03.2011 from Sarakam Trinadha Swamy and others; that by the date of purchase of property, defendant was in occupation of one of the shops in the plaint A schedule property and the shop in the occupation of defendant was
Res Judicata – Rule of res judicata does not strike at root of jurisdiction of Court trying subsequent suit – It is a rule of estoppel by judgment based on public policy.
The amended Section 32(c) of the Rent Control Act restricts civil court jurisdiction over eviction suits for tenants paying rent below specified thresholds.
The jurisdiction of civil courts is ousted by the Rent Control Act provisions, making eviction suits based on oral agreements unenforceable and void.
Point of law: The effect of Order XLI Rule 27(1)(b) CPC was considered in recording such observations. It was not an instance with reference to application of Order XLI Rule 27(1)(aa) CPC. This claus....
The court affirmed that a lease is terminated by efflux of time and issuance of quit notices, leading to unauthorized possession by the tenant, with no substantial question of law for appeal.
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