Case Note & Summary
The appellant, H.V. Devarajanaidu, was the defendant in O.S.No.312/2016 filed by the respondent, A.V. Ramesh Babu, for recovery of business income and arrears of rent amounting to Rs.3,20,000/- with interest at 18% per annum. The suit pertained to an immovable property where the defendant was running a bar and restaurant. It was agreed between the parties that rent and share of business profit would be Rs.40,000/- per month. The trial court decreed the suit, and the first appellate court in R.A.No.39/2023 confirmed the decree. The defendant filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908. The High Court heard the appellant's counsel and, without issuing notice to the respondent, dismissed the appeal at the admission stage, holding that no substantial question of law arose for consideration as the concurrent findings of fact were not perverse.
Headnote
A) Civil Procedure Code - Regular Second Appeal - Section 100 CPC - Substantial Question of Law - The appellant-defendant challenged concurrent findings of fact in a suit for recovery of business income and arrears of rent. The High Court held that no substantial question of law arose for consideration as the findings were based on appreciation of evidence and not perverse. (Paras 1-6) B) Recovery - Rent and Business Income - Agreement - The suit was for recovery of Rs.3,20,000/- with interest at 18% per annum based on an agreement for rent and share of business profit from a bar and restaurant. The courts below decreed the suit, and the High Court confirmed the same. (Paras 4-6)
Issue of Consideration
Whether the judgment and decree passed by the courts below suffer from any perversity or illegality warranting interference under Section 100 of the Code of Civil Procedure, 1908.
Final Decision
Regular Second Appeal dismissed at the admission stage. No substantial question of law arises. The judgment and decree of the courts below are confirmed.
Law Points
- Section 100 CPC
- concurrent findings of fact
- substantial question of law
- recovery of rent and business income
