( 1 ) THE suit O. S. No. 2214 of 1989 filed by the respondent on the file of the Second Senior Civil Judge, City Civil Court, Hyderabad against the appellant M/s. Standard Cafe and Stores for recovery of possession and damages in respect of the premises bearing Nos. 7-1-95/1 and 2, situated at Ameerpet, Hyderabad, described in the schedule of the property consisting of a big hall including kitchen and cycle stand forming part of the premises clearly delineated in the rough sketch plan appended to the plaint in red colour was decreed by the Judgment and decree dated 6-8-1998 as prayed for, directing the appellant herein to deliver the vacant possession of the suit schedule property to the plaintiff within three months from the date of Judgment. The defendant was also directed to pay damages to the plaintiff at the rate of Rs. 6,000/- per month from 1-1-1989 till the date of delivery of possession for the use and occupation and also pay costs of Rs. 6,293/- to the plaintiff. Aggrieved by the said Judgment and decree, the defendant filed this appeal. The parties herein are referred to as they are arrayed in the suit.

( 2 ) IT is the case of the plaintiff that the plaintiff is a Private Limited Company, having its registered office at the aforesaid premises and the defendant is a tenant in a portion of the aforesaid premises and carrying on restaurant business under the name and style of M/s. Standard Cafe and Stores, described in the schedule of the property (herein after referred to as schedule premises ). Monthly rent was increased from Rs. 400/- to Rs. 4,750/- in respect of the schedule premises and the tenancy is from 1st of the month to the end of the month as per English Calendar year and monthly rent is payable in the first week of the succeeding month. As the plaintiff requires the said premises and the request of the plaintiff demanding the defendant to vacate and hand over the vacant possession of the same was not conceded and as the defendant failed to vacate the same, the plaintiff got issued a legal notice under Section 106 of the Transfer of Property Act on 25-9-1989 and the same was received by the defendant on 28-9-1989. As per the said notice, the monthly tenancy was determined by the end of October, 1989 and called upon the defendant to vacate the schedule premises and hand over the vacant and peaceful possession of the same, but the defendant failed to vacate the same. Therefore, the defendant is treated as a trespasser and is liable to pay damages at the rate of Rs. 6,000/- per month for the use and occupation from 1-11-1989. Though the defendant received the notice on 28-9-1989, he failed to vacate the schedule premises and he got issued a reply dated 19-10-1989, admitting the tenancy, but he denied the increase of rent from 400/- to Rs. 4,750/- to the schedule premises. According to the defendant, the amount of rent of Rs. 4,750/- includes the rent payable in respect of canteen, cycle stand, scooter and car parking areas, for which, the plaintiff appropriately gave reply on 24-10-1989 to the defendant denying the allegations. It is stated that no open area was let out for parking of cars and scooters. The open area let out for cycle stand is in between the generator room and booking office and is located adjoining toilets on western side of the schedule premises. Accordingly, the plaintiff filed the suit for a decree directing the defendant to vacate and hand over the vacant possession of the schedule premises and pay damages at the rate of Rs. 6,000/- per month and also costs of the suit.

( 3 ) A written statement has been filed by the defendant stating that the defendant is a tenant and running M/s. Standard Cafe and Stores. It is incorrect to state that the monthly rent was increased from Rs. 400/- to Rs. 4,750/ -. The defendant obtained the premises for running the restaurant on a monthly rent of Rs. 400/ -. The premises is located within the compound wall of Sheeshmahal Theatre. Apart from running the

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