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2024 Supreme(Telangana) 148

M. G. PRIYADARSINI
Syed Riazuddin – Appellant
Versus
Sardar Bhagat Singh – Respondent


Advocates Appeared:
For the Petitioner: Raj Kiran Pagadala.
For the Respondent: D. Srinivas Prasad.

JUDGMENT:

M.G. Priyadarsini, J.

Aggrieved by the judgment and decree dated 18.07.2023 in O.S.No.86 of 2021 (hereinafter will be referred as ‘impugned judgment’) passed by the learned I Additional Chief Judge, City Civil Court at Hyderabad (hereinafter will be referred as ‘trial Court’), the appellant/defendant No.1 preferred the present appeal to set aside the impugned judgment.

2. For the sake of convenience, the parties hereinafter are referred to as they are arrayed before the trial Court.

3. The respondent No.1/plaintiff filed O.S.No.86 of 2021 against appellant/defendant No.1 and respondent No.2/ defendant No.2 for eviction, recovery of vacant possession, mesne profits and arrears of rents in respect of suit schedule properties i.e., commercial property bearing premises No.6-1-87 consisting of third floor (constructed area of 1500 sft), portion of 2nd floor admeasuring 700 sft situated at Musheerabad X Road, Secunderabad. The brief averments of plaint are as under:

    a) The defendants alleged to have entered into lease agreement in respect of above mentioned suit schedule properties vide registered document bearing No.646 of 2011, wherein the defendants alleged to have agreed

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