L.NARASIMHA REDDY, S.V.BHATT
Bulchand and Company – Appellant
Versus
Khamrunnisa Begum (died) per LRs. – Respondent
L. Narasimha Reddy, J.
The sole defendant in O.S.No.901 of 1985 on the file of the V Additional Judge, City Civil Court, Hyderabad filed these two appeals.
The deceased 1st respondent filed the suit for eviction of the appellant from the premises in question. It was pleaded that the property bearing Nos.5-8-615 and 5-8-615/1 comprising of two mulgies at Abids, Hyderabad, was owned by Sri A.K. Babu Khan and in a preliminary decree for partition passed in O.S.No.38 of 1964 on the file of the II Additional Chief Judge, City Civil Court, Hyderabad, the property fell to her share. It was stated that the appellant was the tenant of the premises and in view of the allotment of the property in the partition, the tenancy was attorned to her. According to the 1st respondent, the rent for both the mulgies was Rs.1,300/-per month and ever since 04.10.1998, new tenancy was created and the rent is being paid from month to month.
The 1st respondent got issued a notice, dated 10.04.1985, under Section 106 of the Transfer of Property Act and required the appellant to vacate the premises. Through reply, dated 24.05.1985, the appellant stated that the lease in respect of the two mulgies was
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