Mohsin Bin Mohammed Al Hamoomi v. Mohd Abdul Qayyum

HON'BLE SRI JUSTICE Dr. B. SIVA SANKARA RAO SECOND APPEAL No.116 of 2016 JUDGMENT:

This appeal is filed by the appellant/ defendant, aggrieved by the judgment and decree dated 09.12.2015 in A.S.No.300 of 2014 on the file of the XXIV Additional Chief Judge, City Civil Court, Hyderabad, whereunder the learned Judge confirmed the judgment and decree dated 28.08.2014 in O.S.No.704 of 2012 on the file of the VII Senior Civil Judge, City Civil Court, Hyderabad.

2) Heard both sides.

3) There is no substantial question of law involved to admit the second appeal against the concurrent findings from the admitted relationship of the landlord and tenant between the appellant/ defendant/ tenant and the landlord and regarding the so called advance of Rs.1,00,000/ - said to have been given mentioned in the original lease deed of 2006 and not mentioned in the terms of lease deed of 2011 concerned, as the trial Court decree in clause (3), itself is clear of future profits from the date of suit to be determined in separate application in said Rs.1,00,000/ - amount of the trial Court is remained with the landlord is a matter by

pleading for adjustment for determination of the balance therein and instead of dismissal as it is school stated running, one year time is granted till end of April, 2019 to vacate without any further extension of time and in the meantime whatever the amount of rent earlier paying at Rs.50,000/ - per month towards damages for use and occupation from the month of February, 2016 till the date of filing of the second appeal in the meantime to be paid.

decree holder to execute the decree to evict. It is needless to say that there is no landlord and tenant relationship continues by virtue of this order it is only contention with which even the landlord otherwise not entitled to interfere. 4) Accordingly, the Second Appeal is disposed of. 5) Consequently, miscellaneous petitions, if any shall stand closed. No order as to costs.

___________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 30.04.2018 pab