SUNITA AGARWAL Vs. G. SUDERSHAN AND ORS.

JUDGEMENT

(1.) Challenge in this Civil Revision Petition, filed under Article 227 of the Constitution of India, is to the order dtd. 28/6/2017 passed in I.A.No.28 of 2015 in O.S.No.301 of 2014 on the file of the Court of the I Junior Civil Judge, City Civil Court, Secunderabad.

(2.) The factual matrix leading to the filing of the present Civil Revision Petition, is as follows:

(3.) The respondents are owners of the shop bearing D.No.3-4- 242 situated behind Mahankali temple, Tobacco Bazaar, Secunderabad (hereinafter referred to as 'the suit schedule property'). The respondents let out the suit schedule property to the petitioner on a monthly rent of Rs.4,000.00 under a registered lease deed dtd. 18/8/2004 for a period of 25 years. The respondents got issued a legal notice under Sec. 106 of Transfer of Property Act on 7/10/2013 directing the petitioner to vacate the suit schedule property and handover vacant possession of the same to them. The petitioner got issued a reply notice on 18/12/2013 denying the various averments made in the notice. Having no other alternative the respondents filed O.S.No.301 of 2014 on the file of the Court of the I Junior Civil Judge, City Civil Court, Secunderabad against the petitioner seeking eviction from the petition schedule premises. During the pendency of the suit, the petitioner filed I.A.No.28 of 2015 under Order VII rule 11 (a) & (d) r/w 151 CPC for rejection of the plaint. The respondents filed counter inter alia contending that the petition is not maintainable either on facts or in law. The trial Court, after affording reasonable opportunity to both parties, dismissed the petition on merits by order dtd. 28/6/2017. Hence, the present Civil Revision Petition.