CHIRANJEEVI KOLLURI Vs. K CHANDRA MOHAN REDDY

JUDGEMENT

(1.) This appeal is preferred against the judgment and decree dated 14.06.2013 in A.S. No. 141/2011 on the file of the Court of X Additional Chief Judge, City Civil Court, Hyderabad, confirming the judgment and decree dated 11.02.2011 passed by the Court of the V Junior Civil Judge, City Civil Court, Hyderabad, in O.S. No. 3093/2009. The defendants are the appellants. The respondent herein/plaintiff filed O.S. No. 3093/2009 for recovery of vacant possession of the suit schedule property i.e., plinth area of 1250 square feet in 2nd floor of the Commercial Complex premises bearing No. 6-1-1060 (6-1-1060/3/A), Hafeez Complex, Saifabad, Hyderabad, together with arrears of rent of Rs. 38,500/- for the period from November 2008 to May 2009 at the rate of Rs. 5,500/- per month. The suit was decreed in part directing the defendants to vacate and handover the vacant possession of the suit schedule property by 30.04.2011. So far as the relief of recovery of arrears of rent is concerned, the suit was dismissed as infructuous. Against the said judgment and decree though the defendants filed A.S. No. 141/2011, the same was dismissed by the judgment under Appeal. Hence, this Second Appeal.

(2.) I have heard the learned counsel for both the parties.

(3.) As could be seen from the material available on record, the case of the plaintiff/respondent herein is that the defendant No. 1 took the suit schedule premises on lease in the year 1995 on a monthly rent of Rs. 1800/- under a lease deed dated 15.07.1996. He continued as lessee even after the expiry of lease period of eleven months on payment of rent enhanced from time to time. According to the plaintiff by the year 2009 the rent payable was Rs. 5500/- per month. Alleging that the defendant No. 1 committed default in payment of rents, the plaintiff got issued a notice dated 18.03.2009 demanding the defendants to vacate and handover the vacant possession of the schedule property within one month and also to pay arrears of rent of Rs. 27,500/- apart from water charges and electricity charges. Having received the said notice the defendants got issued a reply dated 12.05.2009 with false allegations. Hence, the suit for eviction and recovery of arrears of rent.