THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA SECOND APPEAL No. 1003 OF 2012 Dated:12-06-2014 Between:
Atavur Rehaman @ Kamal ... APPELLANT AND Abdul Hannan and another .. RESPONDENTS THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA SECOND APPEAL No. 1003 OF 2012 ORDER:
This second appeal is preferred aggrieved by the judgment dated 27- 04-2012 in A.S No. 167 of 2009 vide which the learned VI Additional District Judge (Fast Track Court), Krishna at Machilipatnam confirmed the judgment and decree dated 17-09-2009 passed in O.S No. 562 of 2006 by the learned I Additional Junior Civil Judge at Machilipatnam.
At the hearing, learned counsel for the appellant states that the appellant be given six months time to vacate the suit schedule premises.
After going through the impugned judgments of both the Courts below I find that as the lease period had already expired, therefore, the appellant is not entitled to remain in possession of the property in question. Both the Courts below have rightly ordered the eviction of the appellant. The findings of fact arrived at by both the Courts below do not give rise to any question of law, much less any substantial question of law.
Nevertheless keeping in view the facts of this case, I direct the appellant to vacate the suit schedule premises on or before 30-09-2014.
The second appeal is accordingly dismissed. Miscellaneous applications, pending if any shall stand closed. No order as to costs.
ASHUTOSH MOHUNTA, J 12th June, 2014 ks