THE HON'BLE MR JUSTICE V ESWARAIAH SECOND APPEAL No.1554 OF 2011 DT.03-12-2011 Between: K.Mohana Venkata Satyanarayana (died) and another … Appellants And Trupuramallu Ramadevi W/o Jaganmohana & ors … Respondents Counsel for the Appellants: Mr.V.V.L.N.Sarma Counsel for respondent: Sri The Court made the following JUDGMENT: THE HON'BLE MR JUSTICE V ESWARAIAH SECOND APPEAL No.1554 OF 2011 JUDGMENT: The 1st respondent herein filed the suit O.S.No.220 of 2003, on the file of the I Additional Junior Civil Judge, Tenali for eviction of the 1st appellant herein from the suit schedule property and put the plaintiff in possession; to pay the damages of Rs.18,000/- from 1-12-2002 to 28-2-2003 and also to pay damages at the rate of Rs.6000/- per month from the date of the suit till the plaintiff is put in possession of the plaint schedule property and for costs. The said suit was decreed by Judgment and Decree dated 25-04-2007 with costs directing the defendants to evict the plaint schedule property and put the plaintiff in possession of the said property and to pay Rs.18,000/- by way of damages to the plaintiff from 1-12-2002 to 28-2-2003 and also the damages at the rate of Rs.6,000/- per month from the date of the suit till the plaintiff is put in possession. Aggrieved by the same, the defendant filed A.S.No.46 of 2007, on the file of the Principal Senior Civil Judge, Tenali, and during the pendency of the said appeal, the appellant died and his Legal Representatives were brought on record. The appellant No.2 is the mother, respondent No.2 is the wife and respondent No.3 is the minor daughter of the deceased respectively. The wife and daughter, though appeared before the lower appellate Court, have not contested the appeal. It is stated that the mother, who is said to have been in possession, is the only contester and the appeal was dismissed. The suit was filed seeking eviction by issuing notice to quit under Section 106 of the Transfer of Property Act terminating the tenancy as it is oral and there was no written agreement. As on the date of filing of the suit, the rent that was being paid was at Rs.2,375/- per month and the damages were paid and there was no advance amount of deposit with the plaintiff and the plaintiff is entitled to evict the defendant and also entitled for the damages at Rs.6,000/- per month. The Lower appellate Court, on re-appreciation of the entire oral and documentary evidence, held that there was no advance amount in deposit with the plaintiff and the property is being situated in a prime commercial locality, and having regard to the facts and circumstances of the case, the rent was reasonably fixed at Rs.6,000/- per month confirming the Judgment and Decree of the Trial Court. Aggrieved by the same, this second appeal is filed. Learned counsel for the respondent submitted that the plaintiff has got number shops and there is no requirement for the plaintiff to seek eviction of the defendant, and as per the oral agreement, the defendant is entitled to continue even after expiry of the lease and the assessment of damages at Rs.6,000/- per month is without any basis, and the civil Court has no jurisdiction to entertain the rent control matter. Admittedly, as on the date of filing of the suit, the rent that was being paid was Rs.2,375/- and therefore the trial Court prima facie was of the opinion that there was no dispute with regard to the payment of rent as on the date of filing of the suit, and the notice to quit was rightly given as contemplated under Section 106 of the Transfer of Property Act. Therefore, no substantial question of law arises for consideration in this appeal. Accordingly, the Second Appeal is dismissed. However, the 2nd appellant is granted time till the end of April 2012 to vacate the suit schedule premises subject to condition the 2nd appellant deposits the entire arrears at the rate of Rs.3,000/- (Three Thousand) per month by the end of December 2011 and continue to deposit by 10th of every month for the succeeding four months January, 2012, February, 2012, March, 2012 and April, 2012 and shall vacate the premises on or before 30th April 2012. In default of deposit of entire arrears by the end of December 2011, it is open for the decree-holder to execute the decree. The plaintiff is at liberty to file a separate application under Order 20 Rule 12 of the Code of Civil Procedure for appointment of Commissioner to ascertain the damages from 01-12-2002 to till the date of vacation as directed by the lower appellate Court. No costs. ________________ V. ESWARAIAH,J DATE:03-12-2011 grk THE HON'BLE MR JUSTICE V ESWARAIAH SECOND APPEAL No.1554 OF 2011 DT.03-12-2011