AMBEDKAR EDUCATIONAL SOCIETY Vs. KAMAKSHI BUILDINGS

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 5-9-1998 passed in O.S.No. 161/89 on the file of the IV Addl. Senior Civil Judge, City Civil Court, Hyderabad.

(2.) The above suit was filed by M/s. Kamakshi Builders, a partnership firm represented by its partner R,S. Rangadas for the following reliefs: to pass a decree against defendants 1 and 2 (i) for possession of the suit property viz., Western portion of Building bearing No. 1-8-1, situated at Bagh Lingampally, Hyderabad consisting of plinth area of 780.0 Sq. yards with an open yard of 2196.0 Sq. yards, totalling to 2976.0 Sq. yards, (ii) for damages at the rate of Rs. 21,000.00 per month from 16-12-1988 till the date of delivery of the possession of the suit schedule property; (iii) for arrears of rent of Rs. 43,200.00 and (iv) for damages for the use and occupation @ Rs.21,000.00 per month during the pendency of the suit till the delivery of possession. After enquiry the Court below decreed the suit in part directing the defendants 1 and 2 to deliver possession of the suit schedule property and further directing the defendants to pay damages of Rs. 3,000.00 per month from the date of Ex. A-7 till the date of delivery of possession subject to payment of Court Fee. The Court granted three months time to deliver possession of the plaint schedule property. Aggrieved by this, the 1st defendant filed this appeal.

(3.) The rank of the parties is as before the Court below: