B VENKAT RAO Vs. B V RAYUDU

JUDGEMENT

(1.) This second appeal is filed under Section 100 of the Civil Procedure Code being aggrieved by the Judgment and Decree dated 24-11-2004 made in A.S. No.79 of 2004 on the file of the learned I Additional District Judge, Ranga Reddy District at Hyderabad, wherein the Judgment and Decree dated 28-4-2004 made in O.S. No.472 of 2002 on the file of the learned Principal Junior Civil Judge, Hyderabad West and South, Ranga Reddy District, dismissing the suit, was partly allowed.

(2.) The appellant is the plaintiff and the respondent is the defendant in the above suit, which was laid seeking eviction of the defendant from the suit premises and to handover the same to the plaintiff and to direct the defendant to pay the plaintiff a sum of Rs.27,900/- and also for future mesne profits at Rs. 10,000/- per month from the date of suit till the date of vacating and handing over the possession of the suit premises.

(3.) Here, it may be necessary to note that the defendant-tenant also filed a suit in O.S. No.71 of 2002 seeking injunction against the landlord from interfering with his peaceful possession, which was decreed. On filing the appeal against the said Judgment and Decree, while confirming the Judgment and Decree of the trial Court, the appellate Court held that the only course left open to the appellant (plaintiff in the present suit) is to evict the tenant under due process of law. Therefore, the present appeal is being pursued by the plaintiff in O.S. No.472 of 2002. The parties are hereinafter referred to as they were arrayed in O.S. No.472 of 2002.