JUDGMENT:

This Second Appeal under Section 100 of the Code of Civil Procedure (for short, ‘the Code’) by the unsuccessful defendant is directed against the decree and judgment dated 31.08.2007 passed in A.S.No.607 of 2004 by the learned X Additional Chief Judge, (Judge, Fast Track Court), City Civil Court, Hyderabad, whereby the learned Additional Chief Judge while dismissing the said appeal had confirmed the decree and judgment dated 06.11.2004 of the learned II Junior Civil Judge, City Civil Court, Hyderabad passed in O.S.No.603 of 2001 filed by the sole plaintiff/respondent for eviction of the defendant/appellant from the Mulgi bearing Municipal No.6-3-668/12 & 13, situated at Punjagutta Main Road, Hyderabad more fully described in the schedule annexed to the plaint.

2. I have heard the submissions of the learned senior counsel for the appellant/defendant (‘the defendant’, for brevity) and the learned counsel for the respondent/plaintiff (‘the plaintiff’, for brevity). I have perused the material record.

3. When this Second Appeal was admitted on 16.11.2007, the following substantial questions of law were framed.

1) Whether the suit for eviction can be decreed without plaintiff ente