JUDGMENT

Defendant in the suit filed the above second appeal aggrieved by the judgment and decree dated 21.02.2022 in A.S.No.54 of 2019 on the file of XIII Additional District and Sessions Judge, Narasaraopeta, confirming the judgment and decree dated 10.04.2019 in O.S.No.37 of 2013 on the file of Junior Civil Judge, Vinukonda.

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2. For the sake of convenience, the parties to this judgment are referred to as per their array in the plaint.

3. Plaintiff filed suit O.S.No.37 of 2013 seeking possession of plaint schedule property by ejecting the defendant; direct the defendant to remove the super structures lying in the plaint schedule or in case if the defendant failed to remove the same, to permit the plaintiff to remove the structures; recovery of damages at Rs.7,245/- for use and occupation from 24.06.2010 to 12.02.2013 and for enhancement of damages etc.

4. Plaintiff, an Ashramam represented by the President of its Trust Board, filed the above suit. In the plaint it was contended that Ashramam is the owner of plaint schedule site. The 1st defendant initially took the schedule site on lease in March, 1997 from the then Mathadipathi of plaintiff Sri Chevuri Satyanarayana for a period of five years and constructed a semi-permanent iron sheet roofed shed in the schedule site and began to run motor spares parts business and he agreed to pay rent at Rs.200/- per month. Mathadipathi Sri Chevuri Satyanarayana, who leased out the property to 1st defendant died on 09.06.1999. After death of Mathadipathi, successor Page 3 of 17 2023:APHC:1342 management of plaintiff and 1st defendant came to mutual understanding to determine the subsisting lease and to enter into new contract of tenancy. Accordingly, fresh lease deed dated 24.05.2000 was entered into in between President, Vice President, Secretary, Treasurer of plaintiff and 1st defendant on 24.05.2000 for a period of 10 years. 1st defendant agreed to pay rent at Rs.200/- for first five years and Rs.230/- for remaining five years. Though it was mentioned in lease deed that super structures standing in the schedule site belonged to landlord, 1st defendant disputed and claimed that said shed belongs to him. The Trust Board of plaintiff executed a separate deed of acknowledgment in favour of 1st defendant accepting his claim in respect of super structure on the plaint schedule property. 1st defendant without consent and knowledge of plaintiff, contrary to the conditions of lease deed dated 24.05.2000 sublet the schedule property to 2nd defendant. 2nd defendant is running a rice retail shop in the suit premises. Since then, 1st defendant is collecting monthly rent of Rs.5,000/- per month from 2nd defendant. Plaintiff Ashramam is having shopping complex of 17 shops on it frontage i.e. Northern side including plaint schedule. The management intended to establish multi Page 4 of 17 2023:APHC:1342 specialty hospital utilizing vacant site of Ashramam including the shopping complex site abutting the main road. After expiry of lease period, 1st defendant promised to vacate and handover plaint schedule site to plaintiff, however, he failed to keep up to his word. Legal notice dated 14.08.2010 was issued calling upon the defendant and other tenants to vacate the schedule site. 1st Defendant having received the notice, he kept quiet. 1st Defendant is also irregular in payment of rents. Tenancy came to an end by 23.05.2010 by afflux of time. Plaintiff is not accepting any rents from 1st defendant after determination of lease and the defendant also not tendered any rent. Defendants are liable to pay damages for use and occupation from 24.05.2010 and hence, the suit was filed for the reliefs stated supra.

5. 1st Defendant filed written statement and admitted that he took plaint schedule site on lease in the month of March, 1997 from Matadhipati Sri Chevuri Satyanarayana and started motor spare parts business and he agreed to pay rent at Rs.150/-. After demise of Chevuri Satyanarayana