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2022 Supreme(Telangana) 372

M. LAXMAN
Azmath Jahan – Appellant
Versus
M. Venkateshwarlu – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Sri Muddu Vijai
For the Respondent: Sri B.Chinnapa Reddy

JUDGMENT :

M.Laxman, J.

1. The present appeal assails the judgment and decree dated 15.10.2014 in A.S.No.4 of 2014 on the file of the Court of the XIV Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad (for short, ‘first appellate Court’), wherein and whereby the suit filed by the respondent herein for eviction of the appellant herein from the suit property and also damages was allowed by reversing the judgment and decree dated 31.12.2010 in O.S.No.2353 of 2008 on the file of the Court of the XXI Junior Civil Judge, City Civil Court, Hyderabad (for short, ‘trial Court’). In the said suit, the plaint was ordered to return holding that civil Court has no jurisdiction to entertain suit.

2. The appellant herein is the defendant and the respondent herein is the plaintiff in the said suit. For the sake of convenience, the appellant herein is referred to as ‘landlord’ and the respondent herein is referred to as ‘tenant’.

3. The short case of the landlord is that she is the owner and possessor of house property bearing No.8-2-609/8/M, Gowrishankar Colony, Road No.11, Banjara Hills, Hyderabad. She let out Mulgi No.2, admeasuring 135 square feet (10 feet X 13.5 feet) which is

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