(1.) Plaintiff in a suit for declaration that he has a permanent right of occupancy to keep his hoardings in a space admeasuring 2325 Sq.ft on the terrace of plot No.5, Piaga Colony, Secunderabad (hereinafter referred to as the suit space) under three agreements dated 9-3-1998, executed by Smt. Shakuntala, the mother of the respondents, and for the consequential relief of perpetual injunction restraining, the respondents and their men from interfering with its possession and enjoyment of the hoardings erected and installed by it in the suit space is the appellant in this second appeal.
(2.) The case, in brief, of the appellant, who is the proprietor of M/s. Frontline Advertisers, is that he is carrying on business in outdoor advertising and that he had obtained the suit space on permanent lease from the mother of the respondents for installation of four hoardings of different sizes on an annual rent of Rs.45,000/- for the first four years which has to be enhanced at the rate of 25% for a block period of four years in future, and as the mother of the respondents died on 22-11-2000, he has been, at their request, paying rents to the respondents regularly till 31-3-2002 and as the respondents refused to receive the rents for the further period he contacted over telephone regarding payment of rent when they abused him in filthy language and threatened to dispossess him by force from the suit space.
(3.) The case, in brief, of the respondents is that permanent lease of the suit space alleged by the appellant is not true and as the appellant is not in possession of the suit space on the date of filing of the suit, and as he had parted with possession of the hoardings to M/s. Ad-age Advertisers, he is not entitled to the reliefs sought.