THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA JUDGMENT: (Per Hon’ble Smt. Justice Tirumala Devi Eada)

This is an appeal filed by the appellants – defendant Nos.1 to 3, being aggrieved by the judgment and decree, dated 07.08.2023 passed in O.S.No.498 of 2022 by the learned II Additional District Judge, Medchal-Malkajgiri at Medchal (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 he is the owner of property bearing Plot No.132, admeasuring 1000 Sq.Feet, situated at IDA Dullapalli and that the defendant has entered into a lease agreement over the said premises on 01.11.2013. It is his further case that the plaintiff has delivered possession in favour of the defendant and as per the lease agreement, the defendant had to pay monthly rent by 5^th of every month and that the rents are to be increased at 5% per annum. It is further averred by the plaintiff that during March/April, 2013, the defendant has raised structure over and above the first floor covering 50% of the open area without taking the consent of the plaintiff and on learning the same, when the plaintiff approached the defendant, the defendant has agreed to increase the rent by Rs.20,000/- w.e.f. May, 2015. It is his case that the defendant has paid the rents regularly for some period and after 2017 he was irregular in payment of rents and from October, 2018, the defendant stopped paying rents and that he has also not shown any interest in renewing the lease agreement and thus, the lease agreement expired on 30.10.2018 by efflux of time. He further submitted that he approached the defendant for arrears of rent and the defendant has issued a cheque bearing No.061618 dated 13.06.2018 for an amount of Rs.1,79,492/- and cheque bearing No.000023 dated 05.12.2018 for an amount of Rs.3,98,870/- and the same were dishonoured, thus, he issued notices to the defendants and in the mean-time defendant No.3 has addressed an email to the plaintiff requesting time till February for making payment. Accordingly, the plaintiff has waited till 31.03.2019 but inspite of repeated requests the defendant has not paid the arrears. The plaintiff further submitted that he requires the premises for his self occupation and since, the defendants are in occupation of the suit schedule property inspite of expiry of lease period and without paying any arrears, therefore, he got issued a legal notice on 10.04.2019 calling upon the defendants to vacate the premises. The defendants, inspite of receiving the notice, have not chosen to reply, nor they have vacated the premises. Hence, the suit.

4. The defendants have not filed written statement inspite of expiry of statutory period, thereafter, the plaintiff has filed an I.A.No.486 of 2020 seeking arrears of rent and mesne profits. The defendant who is the respondent in the said I.A. has contested the said petition by filing counter and it was allowed directing the respondents to pay the admitted rents till December, 2020 @ Rs.1,20,000/- per month with enhanced rent of 5% every year, within 10 days from the date of said order. However, the defendant failed to comply the said directions, thereafter, the plaintiff got filed I.A.No.609 of 2021 praying the Court to strike down the defence of the respondents as they failed to comply with the orders of the Court and they further failed to file any written statement in the suit. The said I.A. was ordered striking off the defense of the respondents therein, who are the defendants in the suit. Thus, they have not chosen to cross examine the witnesses also.

5. Based on the above pleadings, the trial Court has framed the following point for consideration?

“Whether the plaintiff is entitled for eviction of the defendant from the suit schedule premises and recovery of arrears of rents as prayed for?”

6. T