G M QURESHI Vs. ASHRAT JEHAN

JUDGEMENT

(1.) Heard V.Venkataramana, Counsel representing the appellant and Sri J. Prabhakar, Counsel representing the respondent.

(2.) The Second Appeal is preferred by the unsuccessful defendant in O.S.No. 1667/95 on the file of VII Junior Civil Judge, City Civil, Court Hyderabad. The respondent herein/ plaintiff filed O.S.No. 1667/95 on the file of VII Junior Civil Judge, City Civil Court, Hyderabad for the reliefs of ejectment of the appellant/defendant from the suit schedule premises, delivery of vacant possession, arrears of rent for mesne profits and for costs of the suit. On the strength of the respective pleadings of the parties, Issues were settled. P.W.1 and P.W.2 were examined and Exs,A-1 to A-6 were marked. Likewise, D.W.1 and D.W.2 were examined and Exs.B -1 to B-13 were marked. On appreciation of the oral and documentary evidence, the court of first instance had partly decreed the suit and aggrieved by the same, the appellant herein/defendant preferred A.S.No.377/98 on the file of XI Additional Chief Judge, City Civil Court, Hyderabad (Fast Track Court) and the learned Judge by the Judgment and decree dated 29-6-2001 had dismissed the Appeal with a modification of the Judgment and decree with regard to the period of the payment of mesne profits and aggrieved by the same, the unsuccessful defendant in both the courts below had preferred the present Second Appeal.

(3.) The only question that had been raised is relating to the validity of quit notice Ex.A-1. The case of the respective parties, as reflected in the pleadings, can be summarized as hereunder: