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2018 Supreme(AP) 70

D.V.S.S.SOMAYAJULU
Badri Vishal – Appellant
Versus
Kshatriya Rajput Sabha Kutbiguda, Hyderabad – Respondent


Advocates Appeared:
For the Appellant : Sri. B. Balchand
For the Respondent: R.A. Achuthanand

JUDGMENT :

1. This appeal arises out of the judgment and decree dated 25.02.2003 passed in O.S.No.301 of 2001 by the XI Additional Chief Judge, City Civil Court, Hyderabad.

2. For the sake of convenience, as this is a first appeal, the parties are referred to as plaintiff and defendant only.

3. The brief facts of the case are that the plaintiff- society is the owner of the suit schedule property which is premises bearing No.3-3-869 situated in the heart of the Hyderabad City. The defendant has been staying in the said premises on rent of Rs.1,800/- per month. The tenancy, as per the lease deed dated 16.04.1981, is for a period of 11 months. Thereafter also, the tenants stayed over in the property. Ultimately, on 26.01.1999 the plaintiff got issued a legal notice for termination of the defendant to vacate the premises on 16.03.1999 and deliver the possession by 17.03.1999. The plaintiff is also claiming damages for use and occupation on 17.03.1999, arrears of rent etc.

4. The defendant, on the other hand, filed a written statement denying the averments made in the plaint and stating that there was an oral understanding that the defendant can continue as a tenant till he desires. He also

























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