MOHD. MOINUDDIN Vs. S. SHANKARAIAH

JUDGEMENT

(1.) The present appeal assails the judgment and decree dtd. 27/6/2001 in A.S.No.201 of 1996 on the file of the Court of the Chief Judge, City Civil Court, Hyderabad, (for short, lower appellate Court), whereunder the appeal was allowed reversing the judgment and decree dtd. 3/6/1996 in O.S.No.600 of 1991 passed by the Court of the V Assistant Judge, City Civil Court, Hyderabad (for short, trial Court), whereunder the trial Court rejected the relief prayed by the plaintiff for eviction of the defendant from the suit premises.

(2.) The appellant herein is the defendant and the respondent herein is the plaintiff in the suit. For the sake of convenience, the parties hereinafter are referred to as they are arrayed in the suit.

(3.) The case of the plaintiff is that he is the owner of house bearing No.19/2/180/114, situated at Narasareddy Moochi Colony, Tadban, Hyderabad. The said house consists of four mulgies, and out of them, two mulgies (hereinafter referred to as 'suit premises') were leased out to the defendant on monthly rent. The suit premises were leased out to the defendant initially under the rental deed dtd. 9/4/1987 on monthly rent of Rs.350.00. The defendant was running a tea stall in the suit premises. The defendant has been paying monthly rent of Rs.250.00, after deducting rent of Rs.100.00 towards loan obtained by the plaintiff from him. While so, the defendant failed to pay the rents from January, 1989, in spite of advice given by the Basthi Committee.