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2023 Supreme(AP) 718

T. MALLIKARJUNA RAO
Vemuri Varalakshmi – Appellant
Versus
Kota Sivaprasad – Respondent


Advocates Appeared:
For the Petitioner: Manikanteswara Rao Kotha.
For the Respondent: V. Subrahmanyam.

JUDGMENT:

1. The Appeal, under Section 96 of the Code of the Civil Procedure, 1908, is filed by the appellant/defendant, challenging the decree and common Judgment dated 24.02.2014 in O.S. No.187 of 2012 and A.S. No.299 of 2011 passed by the learned II Additional District Judge, Vijayawada (for short, ‘trial Court’).

2. The present Appeal is filed questioning the decree and Judgment in O.S. No.187 of 2012.

3. The parties will be referred to as arrayed before the trial Court.

4. The brief averments, of the plaint, in O.S. No.187 of 2012 are as under :

    (a) The plaintiffs initiated the suit seeking eviction and damages amounting to Rs.7,500/-per month from the date of suit till the date of delivery of the schedule property. The plaint schedule property originally belonged to one Kota Lakshmikantha Rao, the father of plaintiffs 1 to 3 and 5 to 9 and husband of the 4th plaintiff. He passed away intestate on 14.03.2010 leaving the plaintiffs as his heirs. In the plaint schedule property, the defendant joined as a tenant on 01.07.2003 on a monthly rent of Rs.4,000/-, subsequently, the rent was increased to Rs.4,400/- from 01.07.2008. The defendant paid rent untill December, 2008 but defaulted

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