HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO S.A Nos.687 of 2014 and 760 of 2014 COMMON JUDGMENT:
Both the Second Appeals are preferred against the common judgment and decree passed on14.08.2012 in A.S No.30 of 2012 and 31 of 2012 on the file of the VI Additional District Judge, Siddipet, Medak District confirming the common judgment and decree passed on 28.08.2012 in O.S No.125 of 2007 and O.S No.66 of 2012 (Old O.S No.156 of 2005 on the file of the Junior Civil Judge, Gajwel) on the file of the Senior Civil Judge, Siddipet, Medak District.
The brief facts of the case are as under:
Both the Second Appeals are between the same parties viz., M.Ramesh—appellant herein is plaintiff in O.S No.66 of 2012 and defendant in O.S No.125 of 2007. Sadu Badrappa—respondent herein is defendant No.2 in O.S No.66 of 2012 and plaintiff in O.S No.125 of 2007.
The appellant is the tenant of the premises bearing Door No.8-13 (Old 10-18/1/D) situated on main road at Gajwel, Medak District and he filed the suit against the landlord by name Ch.Narsimulu not to evict him except through due process of law. It is, subsequently Sadu Badrappa purchased the same from its original owner—Ch.Narsimulu with attornment of tenancy rights filed the suit for eviction against the said Ramesh under Transfer of Property Act after giving notice in O.S No.125 of 2007.
Both the suits tried together by clubbing and the eviction suit was decreed and injunction suit of the tenant was dismissed by holding that he is liable to vacate the suit premises. Equally in the First Appeals filed by the tenant covered by A.S Nos.30 and 31 of 2012 were ended in dismissal and the Cross Appeal in A.S No.15 of 2013 filed by landlord on quantum of profits awarded as low was partly allowed by common judgment.
It is impugning the same, the tenant filed the two Second Appeals. It is at this stage the parties entered into a compromise and filed an application SAMP No.2517 of 2014 in the pending SA Nos.687 of 2014 and 760 of 2014 respectively and as per the compromise terms which are appended herewith submitted by parties by its admission as voluntarily, it is submitted across the bench that the profits claimed was settled and nothing is due and premises also delivered and nothing is to be satisfied pursuant to the final decree of mesne profits as well as decree of eviction. The same sought to be recorded by dismissing these appeals.
Accordingly, compromise recorded and both the appeals are dismissed by recording the delivery of property and payment of mesne profits in full satisfaction. There is no order as to costs.
Miscellaneous petitions, pending if any, in these Second Appeals, shall stand closed.
Dr. B. SIVA SANKARA RAO, J 23rd December, 2014
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HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO S.A Nos.687 of 2014 and 760 of 2014 23rd December, 2014
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