THE HONOURABLE SRI JUSTICE G. CHANDRAIAH S.A. No.337 of 2010 JUDGMENT: This second appeal has been filed aggrieved by the judgment and decree dated 11.03.2010 passed in A.S. No.1 of 2009 by the learned VIII Additional District and Sessions Judge, Nizamabad. The appellant/defendant and the respondent/plaintiff herein are the tenant and the landlord, respectively. (For the sake of convenience, the parties hereinafter referred to as they were arrayed in the suit). At the out set, the plaintiff filed O.S. No.128 of 2005 on the file of the learned Principal Junior Civil Judge, Armoor (trial Court) seeking eviction of the defendant from the suit schedule mulgi. The learned trial Court by judgment and decree dated 24.11.2008 decreed the suit directing the defendant to vacate and handover the suit mulgi to the plaintiff, within three months from the date of the judgment, failing which, the plaintiff was given liberty to get it done through process of Court at the cost of defendant. Further, the defendant was also directed to pay the arrears of Rs.3,400/- to the plaintiff and the plaintiff was given further liberty to file separate application under Order XX Rule 12 CPC for ascertainment of mesne profit. Aggrieved by the same, the defendant preferred an appeal A.S. No.1 of 2009 before the learned VIII Additional District Judge, Nizamabad (first appellate Court) and the first appellate Court by judgment and decree dated 11.03.2010 dismissed the appeal and directed the defendant to vacate the suit mulgi within one month from the date of the judgment of the appeal and in failure, the plaintiff was given liberty to evict the defendant through process of Court. Assailing the same, the appellant/defendant preferred the present second appeal. The learned counsel for the appellant/defendant submits that the issue No.3 framed by the learned first appellate Court is whether the plaintiff received Rs.30,000/- from the defendant and issued Ex.B1, is concerned, that issue was not at all the issue framed by the learned trial Court for consideration and no evidence was adduced to that effect from either of the parties. Therefore, framing of additional issue and adjudication thereon by the learned first appellate Court amounts to denial of opportunity to the appellant/defendant, that is only the ground on which the present second appeal has been preferred. He further submitted that during pendency of the second appeal, both the counsel have represented that compromise talks are going on between the parties and accordingly both the parties have compromised the matter and wherein the defendant agreed to pay an amount of Rs.20,000/- to the plaintiff but he needs six months time for the said payment. On the other hand, the learned counsel for the respondent/plaintiff submits that since the defendant has already taken sufficient time, some reasonable time may be granted for payment of Rs.20,000/-. Heard the learned counsel on either side and perused the material on record. From a perusal of the proceedings, this Court on 20.04.2010 while issuing notice before admission granted interim stay and on 11.06.2010 both the counsel have represented that compromise talks are going on between the parties and thereafter the matter was underwent several adjournments. The dispute is not on any question of law raised by the appellant/defendant in the appeal, strictly speaking, there is no substantial question of law involved in the present second appeal. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side and having regard to the understanding arrived at between the parties, the second appeal is dismissed. However, since there is an understanding between the parties to pay an amount of Rs.20,000/- by the defendant to the plaintiff and sought time for the said payment, the appellant/defendant is granted three months time to pay the said amount to the respondent/plaintiff, from the date of receipt of a copy of this order. _________________________ JUSTICE G.CHANDRAIAH Date: 25-10-2010 LSK