A. Shankar Narayana, J.

1. Impugning the judgment and decree, dated 04-06-2013, passed by the learned II Additional Chief Judge, City Civil Court, Hyderabad, in decreeing the suit with consequential directions to the defendant (1) to vacate the suit premises and handover possession thereof within two months from the date of passing the judgment, (2) to pay a sum of Rs.2,45,000/-to the plaintiff towards arrears of rent with interest at 12% per annum from the date of suit till realisation, and (3) to pay damages at Rs.75,000/- per month from the date of suit till the date of delivery of possession, the defendant preferred the instant appeal.

2. For the sake of convenience, the parties are hereinafter referred to as arrayed in the suit before the Court below.

3. The facts that are relevant for the purpose of disposal of the instant appeal are that the plaintiff is the absolute owner of the schedule mentioned property, which consists of a plot admeasuring 600 square yards bearing No.37 situated at Road No.5, Jubilee Hills, shown within the boundaries described in the schedule of the plaint and he let it out to the defendant through its Managing Director on a monthly rent of Rs.60,000/- being paid in advance for the month. The lease was an oral one. The rent was payable by the 5th day of the month in advance. Lease commenced from the 1st of November 2010. The defendant agreed to give interest-free deposit of three (3) months rent aggregating to Rs.1,80,000/- and issued two cheques one for Rs.1,80,000/- towards security deposit and the second for Rs.52,500/- towards rent for the month of November, 2010. When the plaintiff presented them through her banker, they were dishonoured on the ground of “insufficient funds”. The plaintiff mentions that from the very inception of the lease, the defendant was irregular in payment of rents and only on her repeated requests, rent was being paid, but, however, the defendant had committed gross default in payment of rents. The plaintiff has also given the details of the amounts paid by the defendant in paragraph No.8. According to her, the defendant, thus, paid a total sum of Rs.4,26,000/- towards rents and security deposit and had become due a sum of Rs.7,20,000/- towards rent for the months of November, 2010 to October, 2011. She states that even after adjusting the interest-free security deposit towards arrears of rents, the defendant is still due an amount of Rs.2,94,000/-. According to her, in view of default in payment of rents by the defendant, she was constrained to get a legal notice, dated 24-10-2011, issued terminating the tenancy calling upon him to vacate the suit premises within fifteen (15) days from the date of notice besides demanding him to pay the rents due of Rs.2,94,000/- and damages at Rs.90,000/- per month for the unauthorised occupation. The notice sent to the address of the defendant was retuned with a postal endorsement “addressee left”. For the second notice addressed to the defendant at the leased premises, she did not receive acknowledgement card on the date of suit. According to her, since the notice was sent by registered post with acknowledgement due, the service was complete. Thus, she sought the relief of eviction of the defendant and put her in possession of the schedule premises claiming arrears of rent of Rs.2,94,000/- with interest at 18% per annum and damages at Rs.90,000/- per month from November, 2011 for his unauthorised occupation in the schedule premises.

4. While admitting that he approached the plaintiff to obtain the schedule premises on lease, the defendant has denied the quantum of rent at Rs.60,000/- payable in advance as claimed by the plaintiff. He denied, commencement of lease from 1st November, 2010 contending that the lease commenced from 1st December, 2010. He denied issuance of two cheques for Rs.1,80,000/-towards security deposit and Rs.52,500/-towards rent for the month of November, 2010, and that the cheques were dishonoured due t