MOHD HUSSAIN Vs. SYED RAHEEMUDDIN

JUDGEMENT

(1.) The defendants having lost before both the courts below preferred this appeal under section 100 of theCode of Civil Procedure, aggrieved by the judgment and decree dated 29th August 1975, passed by the Additional Chief Judge (Temporary) City Civil Court Hyderabad jn A.S. No. 198 of 1973, whereby the learned Judge dismissed the appeal and confirmed the judgment and decree dated 25-9-1973 passed in O.S. No. 246 of 1968.

(2.) The suit giving rise to the above Second Appeal was instituted by the respondent herein against the 1st appellant for declaration of his title to and for recovery of possession of the mulgi bearing No, 1-6-260/2 situate at Agapura, Hyderabad and for damages for the uSe and occupation.

(3.) The case for the plaintiff is that the plaint schedule property originally belonged to one by name Haji Mohd. Abdul Waheb. The 1st defendant was stated to be the tenant of the said owner on a monthly rent of Rs. 12/- The respondent plaintiff purchased the property from the owner under a registered sale-deed dated 30.10.64. The vendor informed the 1st defendant to pay the rents to the plaintiff from 1-11-1964 onwards. As the 1st defendant did not either pay the rent or execute the lease-deed in favour of the plaintiff, the respondent-plaintiff issued a notice to the first appellant-defendant, requiring him to vacate the premises. As no reply was given, the above suit was instituted.