M.AKBAR A.KHAN Vs. SYED SALEEM AHMED

JUDGEMENT

(1.) Both the appeals are between the same parties and are in relation to the same item of property, except that in C.C.C.A. No. 176 of 2005, there is one more appellant. Hence, they are disposed of through a common judgment. For the sake of convenience, the parties herein are referred to as arrayed in C.C.C.A. No. 176 of 2005.

(2.) The respondent is the absolute owner of the premises, bearing No. 8-1-21/4, situated at Suryanagar Colony, Toli Chowki, Hyderabad, with built up area of 367 square yards. Through an agreement of lease dated 01.12.1994, he leased the premises in favour of the 1st appellant at a monthly rent of Rs. 6,000/-. The period of lease under the agreement was 11 months and it was being extended from time to time. With effect from 01.09.1997, the rent was at Rs. 8,242/-.

(3.) The respondent filed O.S. No. 636 of 1998 in the Court of I Senior Civil Judge, City Civil Court, Hyderabad, for eviction of the appellants from the premises. It was also alleged that there are arrears of rent and prayed for the decree for recovery thereof. He pleaded that a notice, dated 30.05.1998 under Section 106 of the Transfer of Property Act (for short 'the Act') was issued terminating the tenancy and requiring the appellants to put him in vacant possession of the premises, but they did not accede to the request.