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2015 Supreme(AP) 819

B.SIVA SANKARA RAO
New Osmangunj Extension Co-Operative Housing Society Ltd. – Appellant
Versus
Navbharat Restaurant rep. by its Proprietrix Smt. Jeswant Kaur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:M. Papa Reddy, Advocate.
For the Appellant :D. Madhava Rao, Advocate.

JUDGMENT :

Dr. B. Siva Sankara Rao, J.

The appellant is the defendant M/s Navbharat Restaurant, a proprietary concern and the respondent is the plaintiff in O.S.No.1936 of 1997 on the file of VIII Additional Senior Civil Judge, City Civil Court, Hyderabad. That is the entity, the Co-operative Housing Society in the plaint arrayed as represented by its Secretary by then by name Devata Narayana.

2. The appeal is filed aggrieved by the decree and judgment of the trial Court dated 25.01.2006 in decreeing the suit of the plaintiff for possession of the plaint schedule premises admeasuring 1400 sq. feet under MCH Nos. 5-2-280 to 283 of New Osman Gunj, Muneer Bagh, Opp. to Gowliguda Telephone Exchange, Hyderabad by evicting the defendant and for arrears of rent of Rs.14,646/-, mesne profits from 01.05.1997 to 31.08.1997 amounting to Rs.24,000/- besides future mesne profits at Rs.6.000/- per month from September, 1997 till taking possession. Three months time is granted by the trial Court to vacate the premises and to pay arrears with interest @ 6% per annum and future damages Rs.6,000/- per month from the date of suit till handing over the vacant possession of the premises.

3. The contentions
























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