M. VENUGOPAL Vs. M.B. RANA TULASI

JUDGEMENT

(1.) This Second Appeal is filed under Sec. 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') aggrieved by the judgment and decree dated 24.11.2009 passed in A.S. No.235 of 2006 on the file of the XX Additional Chief Judge, City Civil Court, Secunderabad (for short, 'first appellate court'), wherein the first appellate court confirmed the judgment and decree dated 07.11.2006 passed in O.S. No.518 of 2004 on the file of the III Senior Civil Judge, City Civil Court, Secunderabad (for short, 'the trial court'). The respondent herein filed O.S. No.518 of 2004 for eviction of the 1st appellant herein from the suit schedule property and hand over the vacant possession to her and to award mesne profits @ Rs. 3,000.00 per month from the date of suit till the date of delivery of vacant possession.

(2.) The appellant-defendant died during pendency of the Second Appeal and the appellants 2 to 4 are brought on record as his legal representatives, vide order dated 206.2016 in S.A.M.P. No.2453 of 2014.

(3.) Heard the learned counsel for the 1st appellant-defendant and the learned counsel for the respondent-plaintiff, apart from perusing the material on record.