JUDGMENT

KANIA, J.:—This is an appeal by special leave from the decision of a learned single Judge of the Andhra Pradesh High Court in Second Appeal No. 526 of 1977.

2. As we are, with respect, in agreement with the conclusions arrived at by the learned single Judge of the High Court, we propose to set out only the bare facts essential for the purposes of our judgment.

3. The appellant was the plaintiff and the respondent was the defendant in Suit O.S. No. 789 of 1973 filed in the Court of the Third Assistant Judge, City Civil Court, Hyderabad. The appellant prayed for a decree for recovery of possession of the suit premises from the respondent and for mesne profits till the delivery of possession of the premises. The case of the appellant was that she was the owner of the suit premises and the respondent was in the occupation of the said premises on payment of Rs. 301- per month. The respondent had been irregular in the payment of the said rent and had been a source of perpetual nuisance. It was on this ground that the eviction of the premises was sought by the appellant. In his written statement the respondent took a preliminary objection that the City Civil Court had no jurisdicti