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IN THE HIGH COURT OF TELANGANA
LAXMI NARAYANA ALISHETTY
Mohd Anwar – Appellant
Versus
Nusrath Fatima – Respondent
JUDGMENT :
Laxmi Narayana Alishetty, J.
The Second Appeal is filed against the judgment and decree dated 02.12.2024 passed in A.S.No.156 of 2024 on the file of II Additional Chief Judge, City Civil Court, Hyderabad, whereby and whereunder the said appeal was dismissed confirming the order decree dated 24.04.2024 passed in I.A.No.824 of 2023 in O.S.No.1135 of 2022 on the file of III Junior Civil Judge, City Civil Court, Hyderabad.
2. Heard Sri Mohd. Mazhar Ali, learned counsel for the appellant and Sri Mohd Abdul Raheem Khan, respondent/party-in-person.
3. Appellant herein is defendant No.2 and respondent Nos.1 to 6 are plaintiffs and respondent No.7 is defendant No.1 in the suit. For convenience, the parties hereinafter referred to as they were arrayed in the suit before the trial Court.
4. Brief facts of the case are that the plaintiffs filed a suit for eviction against the defendants vide O.S.No.1135 of 2022 on the file of III Junior Civil Judge, City Civil Court, Hyderabad. The plaintiffs are owners of H.No.11-5-117/B (old H.No.11-5-117), Red Hills, Hyderabad, consisting Ground + two upper floors (‘hereinafter referred to as ‘suit schedule property’).
5. It is contended that the plain
A decree for eviction can be granted under Order XII Rule 6 of CPC based on admissions in the written statement, bypassing the need for a trial if no substantial question of law arises.
Eviction judgments require clear admissions from defendants; unclear facts mandate a full trial.
The acceptance of rents irregularly by the landlord does not amount to waiver of the right to terminate the lease, and the provisions of the Rent Control Act do not apply to the case.
The court affirmed that a lease is terminated by efflux of time and issuance of quit notices, leading to unauthorized possession by the tenant, with no substantial question of law for appeal.
The trial court can pass a decree under Order XII Rule 6 on the basis of clear admissions without requiring a trial, even if the defense has been struck off.
The main legal point established in the judgment is the importance of considering material aspects and appreciating the findings of the trial court in property dispute cases.
Point of law: The effect of Order XLI Rule 27(1)(b) CPC was considered in recording such observations. It was not an instance with reference to application of Order XLI Rule 27(1)(aa) CPC. This claus....
Concurrent findings of fact regarding landlord-tenant relationship upheld; second appeal dismissed due to lack of substantial question of law.
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