MIRZA Vs. K BALAKLSTAIAH

JUDGEMENT

(1.) This is an appeal by the defendants directed against the judgment and decree of the learned V Additional judge. City Civil Court, Hyderabad dated March 17, 1972 by which the suit instituted by the respondents herein was decreed.

(2.) The suit was filed to put the respondents in vacant possession of the premises 12-5-920 to 925 including Damdama situated at Charminar Chowk Maidan Khan Hyderabad evicting the appellants and to pass a decree for an amount of Rs. 2,863-25 Ps. as compensation for use and occupation and for future compensation from the date of the suit till the date of delivery of possession.

(3.) The facts of the case necessary for the disposal of this appeal may briefly be staged. The plaintiffs are the owners of the premises in question. The 1st defendant obtained from the plaintiffs' father the premises in question by executing a rental deed dated 26th October, 1959 on a monthly rent of Rs. 300/- for running a hotel known as Minar Cafe That rental deed was for a period of 11 months. Subsequent to the expiration of that period, the 1st defendant continued in possession as tenant on the same terms and conditions by paying rents to the father of the plaintiffs. The father of the plaintiffs died in January. 1968 and the 1st defendant accepted the landlordship of the plaintiffs and paid rents to them only after the death of their father. Thus the plaintiffs according to the plaint, are landlords and the 1st defendant has bean the tenant of the plaintiffs for the said premises. The 1st defendant had to pay rents from December, 1968 to the end of September. 1969 and the 1st defendant paid only Rs. 2,556-76 and the balance is recoverable from the 1st defendant.