SAI BODA HOTELS Vs. DEEP CHARAN AGARWAL

JUDGEMENT

(1.) This second appeal is preferred by the appellant against the decree and judgment passed in A.S.No : 231 of 2009 on 30th December, 2011 by the learned XIII Additional Chief Judge, (FTC), City Civil Court, Hyderabad confirming the decree and judgment passed in O.S.No : 564 of 2006 on 30th July, 2009 by the learned IX Senior Civil Judge, (FTC), City Civil Court, Hyderabad. The appellant is the defendant-tenant and the respondent is the plaintiff-landlord before the Court below. The status of the parties will be referred to as arrayed before the Court below for the sake of convenience.

(2.) Originally, the plaintiff filed the suit in O.S.No: 564 of 2006 for recovery of possession and mesne profits. The plaintiff examined himself as P.W. 1 and got marked Exs.A1 to A5 documents and on the other hand, the defendant examined D.W.1 No documents were marked on behalf of the defendant

(3.) The Court below having observed that the defendant in his cross examination stated that he did not file any documentary evidence to show that he demanded the plaintiff to register Ex. A1, Rental deed and he also admitted that he did not issue any notice in writing to that effect to the plaintiff the defendant is not entitled to the relief claimed under the counter claim and thereby, the plaintiff is entitled to eject the defendant from the possession of the suit property and that with regard to the mesne profits, the plaintiff is entitled to file a separate petition under order XX Rule 12 C.P.C., decreed the suit with costs directing the defendant to hand over the vacant and peaceful possession of the suit schedule property together with fixtures and fittings to the plaintiff within a period of two (2) months from the date of the judgment. Having aggrieved by the same, the defendant filed an appeal in A.S.No:231 of 2009 on the file of the XIII Additional Chief Judge (FTC) City Civil Court, Hyderabad.