B KRISHNA MURTHY RAO Vs. C S SAKUNTHALAMMA

JUDGEMENT

(1.) The petitioners herein were the owners of an old construction, portion of which was leased out to the defendants. The plaintiffs-petitioners herein felt it necessary to demolish the structures and construct a new building. The defendants-respondents herein agreed to vacate the premises on condition that the plaintiffs-petitioners herein would lease out a portion of the premises in the newly constructed building. The plaintiffs-petitioners herein agreed to do so. Accordingly the parties entered into an agreement. The plaintiffs-petitioners herein constructed a new building and a portion of which was leased out to the defendants-respondents herein on 1-3-1993 for enhanced rent of Rs.1500.00 p.m. It was agreed between the parties that the rent would be paid on or before 5th day of every month.

(2.) When the matter stood thus, after some time the plaintiffs-petitioners herein felt it necessary to evict the defendants-respondents herein as they required the premises for their own use and occupation. Therefore, the plaintiffs-petitioners herein issued a notice to the defendants-respondents herein under Section 106 of the Transfer of Property Act and ultimately filed OS No.632 of 1994 in the Court of the I Addl. District Munsif, Tirupati.

(3.) On receipt of summons, the defendants-respondents herein appeared and filed written statements.