Medikonda Venkateswara Rao vs Marapu Suresh Naidu

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(AP) 891

U. DURGA PRASAD RAO
Medikonda Venkateswara Rao – Appellant
Versus
Marapu Suresh Naidu – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Pardha Saradhi A.V.
For the Respondent: Seshu Kumar Nali.

ORDER :

1. Challenge in this C.R.P. is to the order dated 21.08.2023 in I.A. No. 215/2022 in O.S. No. 275/2021 passed by learned VII Additional Senior Civil Judge, Visakhapatnam dismissing the petition filed by the petitioner/plaintiff under Order XV(A) r/w 151 CPC praying the Court to direct the respondent/defendant to pay admitted monthly rents due from 01.02.2021 to 28.02.2022 @ Rs.1,80,000/- per month.

2. The factual matrix of the case which led to file the instant C.R.P. is thus:

(a) The petitioner filed the suit for eviction of respondent from the suit schedule property and to deliver the vacant possession of the same and direct the respondent to pay Rs.6,00,000/- per month from the date of filing of the suit till the date of handing over the vacant possession to the petitioner.

(b) According to the petitioner, the respondent is his tenant and he has taken the suit schedule property on lease for running the hospital by name Adithya Multi Care Hospital. He was inducted tenancy in the year 2012. The agreed rent was Rs.2,00,000/- per month and the respondent has paid rents only Rs.18,000/- till 11.11.2020. Subsequently, both parties entered into unregistered lease deeds dated 29.03.