O KALYAN Vs. M P RABINDRANATH

JUDGEMENT

(1.) The respondent is the owner of residential premises at Journalists Colony, Jubilee Hills, Hyderabad. The appellant took the premises on lease in the year 2006. The respondent got issued notice, dated 20-09-2006, under Section 106 of the Transfer of Property Act, requiring the appellant to vacate the premises. Alleging that the appellant did not vacate the premises despite receipt of notice, the respondent filed O.S. No. 1997 of 2006 in the Court of the IV Senior Civil Judge, City Civil Court, Hyderabad, for recovery of possession of the premises and arrears of rent. The particulars of arrears of rent and damages were also furnished. The appellant filed written statement opposing the suit. His plea was that though initially the lease was for 11 months on rent of Rs. 18,000/- per month, a fresh lease came into existence for the enhanced rent of Rs. 20,000/- per month and that the notice issued on the strength of the initial lease is untenable in law. Certain other grounds were also urged. The trial Court decreed the suit through judgment, dated 18-01-2008. It was held that though the notice under Ex. A.1 issued is valid and there are no arrears of rent, the appellant is liable to be evicted from the premises. As regards the mesne profits, it was left open to the respondent to file an application for interim orders thereof.

(2.) The appellant filed A.S. No. 99 of 2008 in the Court of XI Additional Chief Judge, (Fast Track Court), City Civil Court, Hyderabad, against the judgment and decree of the trial Court. The appeal was dismissed on 01-04-2011.

(3.) The grievance of the appellant is that, apart from upholding the decree passed by the trial Court, the lower appellate Court held that there are arrears of rent of Rs. 14,07,900/-. The judgment and decree of the trial Court, as confirmed by the lower Appellate Court, are challenged in the Second Appeal.