M/s. Nav Samatha Transport Agency Vs Smt. Sarojilatha Agarwal

THE HON'BLE SRI JUSTICE GHULAM MOHAMMED SECOND APPEAL NO.713 OF 2011

JUDGMENT:

The appellant filed this appeal under Section 100 of the Code of Civil Procedure, 1908 {“CPC” for brevity}, inter alia, seeking to assail the correctness of the judgment dated 30.04.2011 in A.S.No.69 of 2008 on the file of the XX Additional Chief Judge, City Civil Court, Secunderabad, filed under Section 96 read with Order XLI Rule 1 CPC, in confirming the judgment dated 26.03.2008 in O.S.No.1395 of 2007 on the file of the Principal Rent Controllercum-XVII Junior Civil Judge, City Civil Court, Secunderabad, whereby the suit filed under Section 26 Order VII Rules 1 and 2 CPC seeking recovery of possession and mesne profits was decreed.

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The plaintiffs filed O.S.No.1395 of 2007 for recovery of possession and mesne profits. The suit was decreed and mesne profits were also granted. Aggrieved by the same, the defendant therein filed A.S.No.60 of 2008. The lower appellate Court dismissed the said appeal and confirmed the judgment of the trial Court and directed the defendant to vacate the suit schedule property and hand over the possession of the same to the plaintiffs within two months from the date of that order. Aggrieved by the same, the present appeal is filed.

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In view of the concurrent findings of both the Courts below and as there are no valid grounds to interfere with the judgments of both the Courts below, no substantial question of law arises and accordingly, the Second Appeal is dismissed with a direction to the defendant to deliver the possession of the suit schedule property to

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the plaintiffs within a period of five {5} months from the date of receipt of a copy of this order. No costs.

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_____________________ (GHULAM MOHAMMED, J)

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8^th July 2011 RRB

M/s. Nav Samatha Transport Agency v. Smt. Sarojilatha Agarwal

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M/s. Nav Samatha Transport Agency v. Smt. Sarojilatha Agarwal

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