AZMATH JAHAN Vs. M. VENKATESHWARLU

JUDGEMENT

(1.) The present appeal assails the judgment and decree dtd. 15/10/2014 in A.S.No.4 of 2014 on the file of the Court of the XIV Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad (for short, 'first appellate Court'), wherein and whereby the suit filed by the respondent herein for eviction of the appellant herein from the suit property and also damages was allowed by reversing the judgment and decree dtd. 31/12/2010 in O.S.No.2353 of 2008 on the file of the Court of the XXI Junior Civil Judge, City Civil Court, Hyderabad (for short, 'trial Court'). In the said suit, the plaint was ordered to return holding that civil Court has no jurisdiction to entertain suit.

(2.) The appellant herein is the defendant and the respondent herein is the plaintiff in the said suit. For the sake of convenience, the appellant herein is referred to as 'landlord' and the respondent herein is referred to as 'tenant'.

(3.) The short case of the landlord is that she is the owner and possessor of house property bearing No.8/2/609/8/M, Gowrishankar Colony, Road No.11, Banjara Hills, Hyderabad. She let out Mulgi No.2, admeasuring 135 square feet (10 feet X 13.5 feet) which is forming part of house No.8- 2-609/8/M (hereinafter called "suit schedule property"), to the tenant on a monthly rent of Rs.1,300.00 i.e., Rs.900.00 towards rent of suit property and Rs.400.00 towards rent of furniture. An amount of Rs.25,000.00 was deposited by the tenant with the landlord towards security deposit. The period of tenancy was from 1/10/2005 to 31/8/2006 and the defendant had to vacate the suit property by 1/9/2006. While so, the tenant failed to pay the rent from 1/1/2008. In those circumstances, the landlord issued a notice to the tenant to vacate the suit property by 30/6/2008. Despite receipt of the said notice, the tenant neither issued any reply nor vacated the suit property. Hence, the landlord filed the present suit.