MAHABOOBIA EDUCATIONAL SOCIETY WARANGAL Vs. SUDHIR PUJARI

JUDGEMENT

(1.) Heard both sides.

(2.) This second appeal is directed against the judgment of the II Additional District Judge, Warangal dated 20-1-1997 rendered in AS No.68 of 1990 under which the appeal against the judgment of the II Additional Senior Civil Judge, Warangal dated 5-11-1990 in OS No.41 of 1982 has been dismissed. The defendant is the appellant herein. The suit of the plaintiffs for eviction of the defendant from the suit property has been decreed by the trial Court.

(3.) The facts leading to this appeal may be stated briefly as follows : The plaint schedule property is a strip of land measuring 95.5 feet x 19 feet situated behind a petrol bunk with house No.9/981 abutting JPN Road, previously called as Prince Mukaramjahi Road. The plaint schedule property is admittedly a part of the whole property to an extent of 1902 square yards consisting of a building, vacant site and a petrol bunk situated to the west of the aforesaid JPN Road, Warangal. The constructed portion of the building is located to the extreme west of the whole site with H.No.9/859. The vacant portion of the site to an extent of 421.7 square yards was occupied by a petrol bunk leaving a space of 13 .7" on the northern side of the petrol bunk for ingress and egress, to reach the building located on the west with H.No.9/ 859. This whole of the property including the petrol bunk was owned by one Yerrabelli Venkateswar Rao and his four brothers besides another by name Yerrabelli Muralidhar Rao. While so, the defendant in the suit which is an educational society under the name and style of the Mahabubia Educational Society, Warangal secured a lease as a month to month tenant for running a school in H.No.9/859 with appurtenant site and also the way to reach JPN Road on the east through a passage of about 13'.07" located to the north of the petrol bunk site which was also leased out by the same landlords. Both leases were very old and the defendant agreed to pay a monthly rent of Rs.55/- to the landlords for the building they have occupied for running the school with appurtenant site and passage to reach the road.