MUTHUSWAMY P Vs. JANAKIRAM

JUDGEMENT

(1.) This C.R.P. is directed against an order passed on an application for restitution filed under Section 144, C.P.C.

(2.) The petitioners herein are the legal representatives of late P. Muthuswamy who was the sole plaintiff in O.S.No. 28 of 84 on the file of the Court of the Principal District Munsif, Hyderabad, East & North, Rangareddy District, whereas the respondents are the legal representatives of late Janakiram who was the sole defendant in the said suit. The said suit was filed for eviction of the defendant from the suit schedule property which is a building situate in Malkajgiri, Secunderabad, on the allegations that the plaintiff purchased the suit property from the original owner B. Sampatlal by and under a registered sale deed dated 15-6-1983, that the defendant, who was then in occupation of the suit property as a tenant, was attorned to the plaintiff and that the defendant failed to vacate the same in spite of a notice to quit. The suit was resisted by the defendant denying and disputing the title of the plaintiff and claiming that Sampatlal sold the suit house to the defendant on 31-5-1982 for a total consideration of Rs. 4,000/- and that the civil Court has no jurisdiction to entertain the suit.

(3.) The trial Court, while upholding the title of the plaintiff and holding that there was relationship of landlord and tenant and the Court had jurisdiction to entertain the suit, dismissed it on the sole ground that there was no valid quit notice as per Section 106 of the Transfer of Property Act.