THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CITY CIVIL COURT APPEAL No.144 OF 2019

JUDGMENT:

This is an appeal filed by the appellants – defendants, being aggrieved by the judgment and decree, dated 21.01.2019 passed in O.S.No.417 of 2016 by the learned I Senior Civil Judge, City Civil Court, Hyderabad (for short “the trial Court”).

2. The parties are addressed herein as they were arrayed in the suit before the trial Court for the sake of convenience and clarity.

3. The case of the plaintiff before the trial Court is that the father of the plaintiff namely late Nawab Kutubuddin Khan was the landlord and owner of the property on first floor admeasuring 3000 square feet in the premises bearing Municipal No.5-9-30/26 to 30 and 30A, Basheer Bagh, Hyderabad and the defendant No.1 is his tenant in 1500 Sq.feet. and defendant No.2 is the tenant in 600 Sq.feet, further the father of the plaintiff has let out 900 square feet to defendant No.3, that means defendant Nos.1 to 3 are the tenants of the father of the plaintiff. Following the death of his father, the plaintiff became the owner of the suit schedule property and he was taking rents from the defendants and that by virtue of the lease deeds dated 21.04.1986 and 04.06.1986 executed by defendant Nos.1 to 3, he was entitled to 5% increase in the rent after every 11 months, but the defendants failed to pay the enhanced rent. The plaintiff has calculated the arrears of rents and the monthly rent of the said premises totally from defendant Nos.1 to 3 was Rs.7,000/- per month and then, after the expiry of 11 months 5% increase was to be made and thus, monthly rents payable by the defendants since 2015 is Rs.33,355/- and that the defendants failed to pay the monthly rent as per the enhanced rate. The plaintiff has requested several times to clear off the arrears of rent which got accumulated but the defendants failed to clear the same and thereby, the plaintiff issued notice for eviction and also for payment of arrears of rent.

4. The defendant No.1 has filed his written statement which is adopted by the defendant Nos.2 and 3 stating that the suit is not maintainable. They admitted the relationship of landlord and tenant between the plaintiff and them but they have denied the enhancement of rents and also the claim for arrears of rent. It is their case that they were paying the rents regularly and that there has been an oral agreement not to enhance the rent. They contended that they made some improvements in the suit schedule property and they completed the partly unfinished construction at the suit schedule premises and therefore, there was an oral agreement of not enhancing the rent and they denied the arrears of rents alleged by the plaintiff.

5. Based on the above pleadings, the trial court has framed the following issues for trial.

“1. Whether the plaintiff is entitled to seek eviction of defendants from the schedule property as prayed for?

2. Whether the plaintiff is entitled to recover arrears of rent and damages from defendants as prayed for?

3. To what relief?”

6. At the time of trial, PW1 was examined and got marked Exs.A1 to A6. On behalf of the defendants, DWs 1 and 2 were examined and Exs.B1 to B41 were marked.

7. Considering the evidence on record, the trial Court has decreed the suit in favour of the plaintiff granting the relief of eviction and also payment of arrears of rents, directing the defendants to hand over the vacant possession of the suit schedule property and also to pay the arrears of rents. Aggrieved by the said judgment and decree, the unsuccessful defendants have preferred the present appeal.

8. Heard the submissions of Smt.P.Bhavana Rao, learned counsel for the appellants. No representation on behalf of the respondent.

9. The learned appellants counsel has submitted that the defendants have already vacated the premises but the arrears of rent as claimed by the plaintiff is too harsh on them and that they are not liable to pay any amount to the plaintiff. She furthe