SABER Vs. RAFIUNNISA BEGUM

JUDGEMENT

(1.) This appeal, under Sec. 100 of the Code of Civil Procedure, 1908 ('CPC' for brevity), by the unsuccessful defendant is directed against the decree and judgment dated 03.09.2010 of the learned XIII Additional Chief Judge (Judge, Fast Track Court), City Civil Court, Hyderabad passed in A.S. No. 534 of 2006. The learned Additional Chief Judge while dismissing the said appeal of the defendant had confirmed the decree and judgment dated 04.09.2006 of the learned Principal Rent Controller -cum -XII Junior Civil Judge, Hyderabad passed in O.S. No. 956 of 2001 filed by the sole plaintiff (since died) for recovery of possession of the premises bearing No. 10 -3 -7/1, Mehdipatnam, Hyderabad, morefully described in the schedule annexed to the plaint, for mesne profits @ Rs. 6,000/ - p.m. from 01.03.2001 till the date of delivery of possession and costs and had further directed the defendant to vacate and handover the vacant possession of the said property to the plaintiff.

(2.) I have heard the submissions of the learned counsel for the appellant/defendant ('the defendant' for brevity) and the learned counsel for the respondents -legal representatives of the deceased sole plaintiff ('the plaintiffs' for brevity). I have perused the material record.

(3.) At the time of admission of the second appeal, this Court had formulated the following substantial questions of law.