THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA

CITY CIVIL COURT APPEAL No.69 of 2009

JUDGMENT

This appeal is filed under Section 96 of the Code of Civil

Procedure, 1908 by the appellant-plaintiff against the judgment and decree, dated 03.02.2009 passed in O.S.No.82 of 2007 on the file of the III Senior Civil Judge, City Civil Court, Secunderabad, wherein the suit filed by the plaintiff seeking for declaration that the plaintiff is entitled for recovery of

possession of the suit schedule property was dismissed.

2. For the sake of convenience, the parties will be referred to

as they were arrayed in the suit as plaintiff and the defendant.

3. The plaintiff filed O.S.No.82 of 2007 seeking the following

reliefs:-

(i) declaring that the plaintiff has right to recover

possession of the suit schedule property;

(ii) directing the defendant and all persons claiming

through him to hand over vacant and peaceful possession of the

portion of the suit schedule property;

(iii) directing the defendant and all persons claiming

through the defendant to pay damages for use and occupation

of the suit schedule property at Rs.1,000/- per month from the date of delivery of vacant possession.

4. Brief facts of the case ar