THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR S.A.NO. 1184 OF 2010 Date of disposal: 3.12.2010 Between: Smt. Dasari Mydhili …Appellant and Kinthada Varaha Narasimha Rao …Respondent THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR S.A.NO. 1184 OF 2010 ORDER: The tenant who has lost in both the courts below has filed this second appeal questioning the concurrent judgments and decrees passed by both the courts below under Section 106 of the Transfer of Property Act. There is no controversy as to the tenancy and the quantum of rent as on the date of suit. The Civil Court alone had admittedly jurisdiction to try the suit. The only question sought to be contended as substantial question of law is stated in para-15 (a) of the Grounds with respect to applicability of the provisions of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 which were amended by AP Act 17/2005. The question is no more res integra as a larger Bench of this Court in Ramvilas Bajaj and others Vs. Ashok Kumar and others [1] has already held that the said amendment Act is only prospective and does not attract pending tenancies. In view of that, the substantial question of law has to be answered against the appellant. The second appeal, therefore, has no merits as no other question is canvassed. The second appeal is accordingly dismissed. No costs. The appellant, however, being a tenant of the commercial premises, she is granted time for vacating the premises till 30th April, 2011 subject to her filing a usual undertaking before the trial Court within two weeks from today. The appellant shall also undertake that she shall pay all arrears of rent up to date including the rent till 30.4.2011 on or before 10th day of January, 2011 and shall not alienate nor create any third party interest and shall voluntarily deliver the vacant possession before the due date, as above, to the landlord. ________________________________ JUSTICE VILAS V. AFZULPURKAR Dt. 3.12.2010 KR [1] 2007 (4) ALT 348 (LB)