NAZEER KHAN Vs. VIJAYANAGAR WELFARE ASSOCIATION

JUDGEMENT

(1.) Unsuccessful defendant in the trial Court as well as the lower appellate Court is the appellant in this second appeal.

(2.) The appellant filed this second appeal against the judgment and decree, dated 01.02.2006, passed in A.S.No.343 of 2003 on the file of XII Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad, whereby and whereunder the learned Additional Chief Judge dismissed the appeal filed by the appellant/defendant, confirming the judgment and decree dated 09.06.2003 passed in O.S.No.3058 of 2000 on the file of VIII Junior Civil Judge, City Civil Court, Hyderabad, and directed the appellant to vacate the suit premises within two months.

(3.) The plaint averments in brief are: The appellant/defendant is the tenant of the respondent/plaintiff in respect of part of the premises bearing Municipal No.10-3-566/11, Vijayanagar Welfare Association Building, Vijayanagar Colony, Hyderabad. The appellant/defendant took the premises in dispute on lease under an agreement dated 01.01.1989 for a period of two years on a monthly rent of Rs.473/- excluding electricity consumption charges. Subsequently rent came to be enhanced from time to time to Rs.1,400/- per month exclusive of electricity consumption charges. The appellant/defendant did not come forward to renew the lease agreement in spite of repeated requests made by the respondent/plaintiff. The appellant/defendant stopped paying rents from October, 1999 to February, 2000 amounting to Rs.7,000/- at the rate of Rs.1,400/- per month. The appellant/defendant issued a reply consenting to enhance the rent by Rs.200/- per month after completion of three years from December, 2000. The respondent/plaintiff issued notice dated 23.02.2000 to the appellant/defendant under Section 106 of the Transfer of Property Act determining the tenancy and calling upon the appellant/defendant to vacate the premises by 01.04.2000. Since the appellant/defendant did not vacate the premises, the respondent/plaintiff filed the suit for eviction and recovery of arrears of rent, mesne profits and for damages for use and occupation since the date of termination of the tenancy.