NAVEEN CHAND Vs. NAGARJUNA TRAVELS AND HOTELS PRIVATE LIMITED
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
NAGARJUNA TRAVELS AND HOTELS PRIVATE LIMITED
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D. P. Mohapatra, J. -
(2.)This appeal, filed by the defendants of O.S. No. 778 of 1996 on the file of the City Civil Court, Hyderabad, is directed against the judgment of the High Court of Andhra Pradesh in City Civil Court Appeal (CCCA) Nos. 99 and 100 of 1999 dismissing the appeal filed by the appellants and confirming the judgment/decree passed by the trial Court. The dispute raised in the case relates to eviction of the tenants from the premises described as "Central Studio," Door No. 3-6-356/8, Basheer Bagh Road, Hyderabad and Door No. 119/A, White Hall, Sardar Patel Road, Hyderabad. The appellants who were travellers of the "Central Studio," were tenants of the premises under the respondent-Nagarjuna Travels and Hotels Pvt. Ltd., which is the owner of the plot.
(3.)The respondent filed the aforementioned suit against the appellants seeking the decree of eviction from the suit premises. In the suit the following reliefs were sought by the plaintiff :-
"a) Plaintiff-company be put in possession of the suit premises by evicting the defendants therefrom.
b) Arrears of rent i.e. 2,600/- p.m. for the months of September, 1995 and October, 1995 be awarded from the defendants jointly and severally.
c) An amount of Rs. 2,40,000/- be awarded towards compensation and damages for the use and occupation of the suit premises for the period between 1-11-1995 and 30-4-1996 from the defendants jointly and severally.
d) Pendente lite and post-decretal compensation/damages be awarded from the defendants jointly and severally at the rate of Rs. 40,000/- per month for the use and occupation of the suit premises. . . . . ."
The case of the plaintiff was that in pursuance of the registered lease dated 3-8-1970 executed between the parties, the suit premises were given on lease by the plaintiff to the defendants for a period of 25 years on payment of rent of Rs. 1300/- p.m. with effect from 1-8-1970. The said period of 25 years expired on 1-8-1995. Thereafter on 10th October, 1995 the plaintiff issued a notice to the defendants of termination of the lease by giving 15 days notice expiring on 31st October, 1995. The notice was stated to be issued under S. 106 of the Transfer of Property Act. The defendants were required to handover vacant possession of the premises on expiry of the notice period. Since the defendants did not vacate the premises in compliance with the notice and continued to remain in possession of the premises, the plaintiff filed the suit seeking reliefs noted earlier.
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