MOHD. SARWAR HUSSAIN SIDDIQUI Vs. BAQIR ALI KHAN

JUDGEMENT

(1.) This Second Appeal, by the defendant, is directed against the judgment and decree dtd. 2/12/2020, passed by the XIV Additional Chief Judge (F.T.C), City Civil Court, Hyderabad, in A.S.No.290 of 2015, dismissing the appeal and confirming the judgment and decree dtd. 9/11/2015 rendered by the XXI Junior Civil Judge, City Civil Court, Hyderabad, in O.S.No.1271 of 2012 decreeing the suit filed by the plaintiffs for eviction of the defendant from the suit schedule premises.

(2.) For the sake of convenience, the parties hereinafter shall be referred to as they were arrayed before the trial Court.

(3.) The plaintiffs filed the suit seeking eviction of the defendant from the suit schedule mulgi and recovery of arrears of rent contending that the suit schedule mugli belongs to the grand father of plaintiff No.1 and it fell to their in the family partition that took place on 24/9/2011. The suit schedule mulgi was given on rent to the defendant earlier to the partition. Plaintiff No.1 and his father's brother, Mir Inayath Ali Khan, informed about the said partition to the defendant on 24/9/2011 itself. Mir Inayath Ali Khan instructed the defendant to pay the existing monthly rent of Rs.3,800.00 to the plaintiffs. The defendant paid the rent to plaintiff No.1 for the month of September, 2011, on 10/10/2011. Subsequently, the defendant defaulted in payment of the monthly rents. Hence, plaintiff No.1 got issued a legal notice to the defendant on 23/4/2012 demanding him to vacate the suit schedule mulgi on the ground of bona fide requirement. The defendant issued a reply to the said notice claiming that the rent for the suit schedule mulgi is Rs.2,900.00 per month; that he is paying the rents regularly to Mir Inayath Ali Khan and that he sent the rents through Money Order to Mir Inayath Ali Khan, but the said Mir Inayath Ali Khan refused to receive the same. Hence, the plaintiffs filed the suit for eviction and recovery of arrears of rent.