Disposed

D. Nooney Ranga Nayakulu v. Atla Jayabharat Reddy

Telangana HC11 Mar 2014AS/913/2013

Case brief

AI extract

What is this about?

The appellate court granted liberty to the appellant (plaintiff) to file an application in the trial court for ascertainment of mesne profits, noting such liberty should have been granted earlier. The appeal is disposed of, leaving the trial court to determine mesne profits or allow execution of possession and rent arrears.

What did the court decide?

Granted liberty to appellant to apply to trial court for ascertainment of mesne profits within six months.

D. Nooney Ranga Nayakulu Vs Atla Jayabharat Reddy — Execution and Attachment | Telangana HC (2014)

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THE HON’BLE Ms. JUSTICE G.ROHINI And

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THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY

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APPEAL SUIT No.913 OF 2013

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Dated: 11.03.2014

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Between: Nooney Ranga Nayakulu .. Appellant And Atla Jayabharat Reddy

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.. Respondent

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THE HON’BLE Ms. JUSTICE G.ROHINI And THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY

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APPEAL SUIT No.913 OF 2013

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JUDGMENT: (Per Hon’ble Ms. Justice G.Rohini)

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The plaintiff in O.S.No.8 of 2007 on the file of the Court of the V- Additional Senior Civil Judge, Guntur is the appellant in this appeal filed under Section 96 of C.P.C.

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The suit was filed seeking a decree for (a) eviction of the defendant from the plaint schedule property and delivery of vacant possession; (b) recovery of arrears of rent from 17.05.2004 to 16.12.2006 i.e., for 31 months to a sum of Rs.5,48,890.67 ps. and future arrears of rent; (c) damages and mesne profits and (d) costs of the suit.

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By judgment dated 27.04.2012, the Court below decreed the suit directing eviction and recovery of arrears of rent as prayed for apart from awarding costs of Rs.47,327/-. However, no issue was framed with regard to the damages and mesne profits sought by the plaintiff and there was no decree to that effect.

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Therefore, the present appeal is filed by the plaintiff assailing the judgment under appeal to the extent of not granting the damages and mesne profits.

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Despite notice, the respondent/defendant did not choose to appear.

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It is also relevant to note that the defendant has filed A.S.No.845 of 2012 assailing the very same decree and judgment under appeal and the same was dismissed by this Court by judgment

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dated 05.06.2013 with directions as under:

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“1. That the Judgment and Decree of the Court below be and hereby is confirmed and this appeal is dismissed, however the appellant is granted six (6) months time to vacate the premises subject to the following conditions:-

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a) That the appellant shall file an undertaking within four weeks from today before the trial Court that he will put the plaintiff in vacant possession of the Plaint Schedule premises.

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b) That the defendant shall clear the arrears of rent determined by the Trial Court within four weeks from today; and

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c) That the defendant shall continue to pay arrears of the rent regularly; and

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2) It is further doth order and decree that in default of any one of the said conditions, the respondent/plaintiff is entitled to put the decree for execution;

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3) That there be no order as to costs in this Appeal.”

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Under the facts and circumstances noticed above, we deem it appropriate to grant liberty to the appellant/plaintiff to take steps for determination of the mesne profits to which he is entitled to. In fact, the Court below while decreeing the suit ought to have granted such liberty to the plaintiff.

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Accordingly, the Appeal is disposed of granting leave and liberty to the appellant herein/plaintiff to file an application before the Court below for ascertainment of the mesne profits/damages for use and occupation of the premises in question. If any such application is filed, the Court below shall consider the same and pass an appropriate order following due process of law as expeditiously as possible preferably within a period of six (6) months from the date of filing of the application. It is also open to the appellant herein to seek execution of the judgment and decree dated 27.04.2012 so far as recovery of possession and arrears of rents decreed by the Court below.

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This Appeal is accordingly disposed of. No costs.

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Consequently, Miscellaneous Petitions, if any, pending in this

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Appeal shall stand closed.

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______________ G.ROHINI, J

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_________________________ T.SUNIL CHOWDARY, J

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Date: 11.03.2014 Ivd

D. Nooney Ranga Nayakulu v. Atla Jayabharat Reddy

Case brief

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What did the court decide?

D. Nooney Ranga Nayakulu v. Atla Jayabharat Reddy

Case brief

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