A tenant cannot recognize a third party's title after being inducted under a lease; valid termination of lease justifies eviction and recovery of damages.

JUDGMENT :

(Sambasivarao Naidu, J.)

The 3rd defendant and plaintiff in O.S.No.1 of 2001 on the file of XII Additional Chief Judge, City Civil Court, Secunderabad being aggrieved by the judgment dated 31.10.2018, whereunder the trial Court while passing a decree in favour of the plaintiff in part, directed the defendant Nos.1 and 2 therein to deal with the plaintiff in payment of rents, without granting any relief with regard to the prayer of the plaintiff for mesne profits and damages, have filed two separate 1st civil appeals under Section 96 of Code of Civil Procedure (for short “CPC”).

2. Since the suit of the plaintiff was decreed in part with a specific direction to the 1st and 2nd defendants to deal with the plaintiff in payment of rents in respect of the schedule property and denied their contention that they have got right to deal with the property, the 3rd defendant filed C.C.C.A.No.44 of 2019 questioning the above said finding. Whereas the plaintiff not satisfied with the findings of the trial Court, by which the relief of damages was denied and as the suit was partly decreed, filed C.C.C.A.No.63 of 2023 and sought for a complete decree against the defendants.

3. Before adverting to the claim raised by defendant No.3 and plaintiff in their respective appeals, it is necessary to see what was the claim in the suit that was filed by the plaintiff before the trial Court and what were the contentions raised by the defendant Nos.1 to 3 and as to how the trial Court dealt with the respective contentions of the parties. Since both these appeals are against the same judgment with different contentions, for the sake of convenience and to avoid the confusion, both the appeals are being disposed under a common judgment. The parties will be referred to as they are shown in the original plaint filed before the trial Court.

4. The plaintiff has filed O.S.No.1 of 2001 against the General Manager and Chief Regional Manager of Hindustan Petroleum Corporation Limited and St. Thomas (S.P.G) Tamil Church Society with a prayer to direct the defendants 1 and 2 to vacate and deliver the vacant and peaceful physical possession of the suit schedule property and to pay/clear arrears of rents, damages from 01.12.1996 till 30.09.1999 and to pay mesne profits/damages @ Rs.75,000/- per month from 01.10.1999 till the date of their suit and also to pay the damages/mesne profits for the use and occupation of the premises from the date of suit.

5. The plaintiff has claimed that it is a company registered under Companies Act and attorneys of the company were in charge to supervise, administer and control the church properties. In view of registered GPA dated 22.05.1998 by the principle Church of South India Trust Association (for short “CSITA”), the plaintiff has got absolute ownership on piece of land of Church building, popularly known as St.Thomas (S.P.G) Church bearing municipal No.7-1-6/1. The plaintiff has claimed that they have leased out the above referred property in favour of Caltex India Limited under a registered lease deed dated 02.07.1968 and the same was registered as document No.1364/1968 before Sub Registrar, Marredpally, Secunderabad. Initially the rent was for a period of 10 years and was extended up to March, 1985. Therefore, by virtue of the said registered sale deed, the defendant Nos.1 and 2 were put in physical possession of the property. They have constructed a petrol pump under the name and style of the Sridhar Petrol Pump and Service Station. The lease was continued up to 31.12.1995. But, they continued in the same property.

6. The plaintiff has also claimed that during the substance of the said lease, Caltex India Limited was merged with Hindustan Petroleum Corporation Limited (for short HPCL) owned by Union of India under a statute. The plaintiff has claimed that before the said merger, defendant Nos.1 and 2 used to pay monthly rents for the schedule property into the account of the plaintiff, but after the expiry of lease, defend