(1.) Aggrieved by the rejection of his counter-claim both by the Trial Court and by the First Appellate Court, in terms of Order VII, Rule 11 C.P.C., the defendant in a suit for recovery of possession has come up with the above second appeal.
(2.) Heard Mr. V.S.R. Anjaneyulu, learned counsel appearing for the appellant and Mr. P.R. Prasad, learned counsel appearing for the respondents.
(3.) The respondents filed a suit in O.S.No.145 of 2016 on the file of the II Additional Junior Civil Judge at Vijayawada, praying for eviction of the appellant herein from the suit schedule property and for future damages at the rate of Rs.40,000/- per month. The case of the respondents/ plaintiffs in the suit was that the suit schedule shop was taken on lease by the father of the appellant/defendant way back in December, 2003; that subsequently the defendant took over the shop from his father; that the defendant committed default in payment of rent from April, 2015 and that therefore after issuing a quit notice dated 23-12-2015, the respondents/plaintiffs were constrained to file the suit for eviction.