M. Seetharama Murti, J.

The unsuccessful defendant had preferred this second appeal assailing the decree and judgment dated 02.06.2012 of the learned V Additional District Judge (Judge, Fast Track Court), Khammam at Kothagudem in A.S.No.74 of 2009, whereby the learned Additional District Judge while dismissing the said first appeal had confirmed the decree and judgment dated 09.04.2009 of the learned Principal Senior Civil Judge, Kothagudem made in O.S.No.96 of 2005 filed by the respondents/plaintiffs for eviction of the of the appellant/defendant and for recovery of vacant possession of the property bearing municipal house No.21-1-39 in an extent of 2200 sq. yards at Bhadrachalam road, Paloncha Town and Mandal, Khammam District, more fully described in the schedule annexed to the plaint.

2. At the time of admission of the second appeal, this Court had formulated the following substantial questions of law:

'Whether the claim of the appellant that the matter falls under the provisions of the Rent Control Act, which was not accepted by the appellate Court, is tenable when the original lease deed does not show the lease of any structures but when the suit schedule discloses a s