LAXMAN RAO Vs. GANGA RAM

JUDGEMENT

(1.) This appeal is preferred by the appellants - claim petitioners aggrieved by the order and decree dtd. 25/7/2003 passed in E.A.No.22 of 2003 in E.P.No.70 of 2001 in O.S.No.387 of 1989 by the learned V Senior Civil Judge, City Civil Court, Hyderabad.

(2.) O.S.No.387 of 1989 is filed by the respondents - plaintiffs for eviction of the respondent - defendant from the suit schedule premises, for arrears of rent of Rs.55,100.00 and for damages for use and occupation @ Rs.1500.00 per month. The said suit was decreed with costs directing the defendant to vacate the suit schedule premises and to deliver vacant possession of the same on or before 1/10/1999 and to pay a sum of Rs.54,000.00 towards arrears of rent and mesne profits @ Rs.1500.00 per month from 1/2/1989 till the date of vacating the premises.

(3.) For executing the said decree, E.P.No.70 of 2001 was filed by the plaintiffs - D.Hrs. In the said E.P., E.A.No.22 of 2003 was filed by the third party claimants under Order XXI Rule 58 of CPC contending that the property belonged to Raja Dhanraj Giri and that they purchased the same from Raja Dhanraj Giri and the respondent No.5 - defendant had no title or interest and could not confer title on the D.Hrs. in O.S.No.387 of 1989. The respondents - plaintiffs - D.Hrs. as well as the respondent No.5 - defendant - J.Dr. had not contested the matter in E.A.No.22 of 2003.