IN THE COURT OF THE XXI JUNIOR CIVIL JUDGE, CITY CIVIL COURT
HYDERABAD.
PRESENT: SRI N. RAMA CHANDRA RAO,
XIX JUNIOR CIVIL JUDGE,
FAC XXI JUNIOR CIVIL JUDGE,
CITY CIVIL COURT, HYDERABAD
MONDAY, DATED THIS THE 30th DAY OF MARCH, 2026
ORIGINAL SUIT NO. 3093 OF 2025
Between: Mr. Gudiseva Saibabu, S/o G V Subbaiah, Aged about 69 yrs, Occ: Business, R/o H No. Flat No. TF-2, 3rd Floor, tonia Towers Patamata, Opp Nirmala Convent Vijayawada (Urban) Krishna Dist, Andhra Pradesh-520010, Aadhar No: 6063 6707 3713 … PLAINTIFFS
A N D
1.Mr. Modha Venkata Subbaiah @ Subbu, S/o Not Known Aged about Major yrs, Occ: Bussiness
2.Smt Modha Sirisha, W/o Bodha Venkata Subbaiah Aged about Not known yrs, Occ: Housewife
Both are R/o Flat No.201, Tulasi Apartment, H-17, Madhura Nagar, Hyderabad-500038 … DEFENDANTS
This suit is coming before me on 18-02-2026 in the presence of Sri N.
Murali Krishna learned Counsel for the plaintiffs and defendants were Set exparte and the matter having stood over for consideration to this day, this court delivered the following.
J U D G M E N T
1.This suit is filed by plaintiff for grant of decree directing the defendant to vacate the suit schedule property, to direct the defendant to pay
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the arrears of monthly rents amounting to Rs. 1,86,000/- till June 2023 and
Award the damages for unauthorized use and occupation including structural and sanitary damage caused to the suit schedule property quantified at Rs.
6,00,000/- and to grant permanent Injunction restraining the defendants, their agents, sevants or family persons etc.
2. The averments mentioned the plaint are as follows :-
It is submitted that the Plaintiff is the absolute owner and peaceful possessor of Flat No.201, admeasuring 663 Sq.ft., in Sy No. 34,35,36 situated at Tulasi Apartment, H-17, Madhura Nagar, Hyderabad-500038 and bounded by North: Open to Sky, South: Open to Sky, East Open to Sky, and West Flat
No. 202 (hereinafter referred to as Suit Schedule Property). The Plaintiff is the owner and landlord of the said premises and the Defendants are the Tenant of the Suit Schedule Property. The Plaintiff further submits that the Defendants joined as Tenants in the above suit schedule property in the year 2011. The
Defendants have been consistently irregular in paying the flat rent to the
Plaintiff. Despite several requests and reminders, they are not paying the rent on time. Moreover, the Defendants' children have caused substantial damage to the Plaintiff's flat.
The Plaintiff submits that despite several attempts by the Plaintiff to communicate amicably and considering the well-being of all concerned, the
Plaintiff has received complaints from other flat owners stating that the
Defendants are behaving indecently. When the Plaintiff politely requested the
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Defendants to vacate the flat, one of the Defendants threatened those who came to convey the request, behaving like a rowdy-sheeter and creating fear, thereby preventing them from vacating the premises.
Since the year 2017, the Defendants have been keeping around 20 dogs in the Plaintiff's Flat No. 201 and have been running a cross-breeding business from the said premises. Due to this, the entire flat has been severely damaged.
As a result, the other flat owners are facing serious inconvenience and have been continuously approaching the Plaintiff with complaints, requesting the
Plaintiff to take necessary steps to vacate the Defendants from the said flat. It is submitted that the defendants are irregular in payment of monthly rents and failed to pay the rents amounting to Rs. 1,86,000/- upto June, 2023,. The defendants has misused the suit schedule property by doing commercial business of dogs cross breeding, whereby causing considerable damage to the suit schedule property and a sum of Rs.6,00,000/- is to be paid by the defendants to the plaintiff towards the damages caused to the suit schedule property.
The Plaintiff submits that the Plaintiff has sent below Whatsapp messages to the Defendant No.1
I.In June 2022, the Plaintiff sent a WhatsApp message to Defendant
No. 1, informing him that rent arrears amounting to 1,50,000/- were₹ outstanding and demanding immediate payment. Although Defendant No.
1 read the message, he neither replied noг remitted the dues. The Plaintiff
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also made daily telephone calls, but the Defendant remained unresponsive.
II.In March 2023, Defendant No. 1 asked the Plaintiff and suggested that the Plaintiff sell the flat. In response, the Plaintiff sent a WhatsApp message stating, "Please pay the rent today. I am not selling the flat." The
Defendant again failed to respond.
III.In 03 April 2023 - the Plaintiff send repeated Demand and Express
Notice.
At 11:09 a.m - The Plaintiff reiterated his demand for payment of rent via
WhatsApp. At 1:03 p.m. - The Plaintiff sent a further message: "I am coming to Hyderabad this week. You are always lying and are still not paying the rental dues of 1,86,000/- up to March 2023. Without my₹
Knowledge, you are conducting a dog-breeding business in the flat."
To date, the Defendant has neither cleared the outstanding rent nor provided any explanation, thereby compounding the arrears and aggravating the Plaintiff's losses.
IV.On 13.04.2023, the Plaintiff sent a WhatsApp message to
Defendant No.1 stating: "Please vacate my house by 30th of this month."
This was a clear and unequivocal direction to vacate the premises within a reasonable time, owing to continued default in rent payment and unauthorized activities.
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V.Subsequently, on 02.10.2023, the Plaintiff once again messaged
Defendant No.1 via WhatsApp as follows: "Please pay rent of 15,000/-₹ from this month, otherwise vacate my flat by 1st November." Despite repeated written and verbal demands, the Defendant continued to neglect rent obligations and failed to vacate the flat, thereby willfully occupying the premises without legal right or consent.
VI.11.11.2023, and 05.12.2023-repeated Vacate Notices
On each of the above dates, the Plaintiff sent further WhatsApp messages to Defendant No. 1, once again directing the Defendants to vacate Flat
No. 201 immediately. Despite receiving and reading all three messages, the Defendants neither replied nor complied.
VII.31.12.2023 Detailed Final Warning and Claim for Damages On 31
December 2023, the Plaintiff issued a comprehensive WhatsApp message to Defendant No. 1 in the following terms (emphasis added): "Subbu, you have not paid rent for October 2023 and have still not cleared it to date.
You have caused extensive damage to my flat, amounting to approximately 6,00,000/-. You have never paid the agreed monthly rent₹ on time; you paid 15,000/- only occasionally and entirely on your own₹ terms, disregarding mine. Further, without my knowledge, since 2018 you have been conducting a dog cross-breeding business in my flat, earning
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lakhs of rupees, which has disturbed the other flat owners, tenants, and neighbours.
3.The Plaintiff submits that the Plaintiff's daughter secured employment with
L&T and, as a result, needs to reside in the Plaintiff's flat. Accordingly, when the Plaintiff and his family visited Flat No. 201 to request the Defendants to vacate the premises, they were shocked to find a foul and unbearable stench throughout the flat due to the cross-breeding of dogs being conducted inside.
The Plaintiff submits that the Plaintiff and his family members have repeatedly contacted Defendant No. 1 through numerous phone calls and messages, requesting them to vacate the flat. In response, Defendant No. 1 assured that they would vacate the premises by 30.06.2024. However, to date, they have neither vacated the flat nor paid any rent for several months. It is pertinent to note that the Defendants entered into possession of the Plaintiff's flat without executing any rental agreement and have continued their unlawful occupation.
As per the terms agreed upon with the Plaintiff, the Defendant was obligated to pay rent, but he failed to do so and instead behaved in a rowdy and intimidating manner, stating that he would not pay the rent.
4.The Plaintiff submits that on 03.09.2024, when the Plaintiff dialed 100, the
Madhura Nagar patrolling police arrived at the Plaintiff's Flat No. 201. At that time, Defendant No.1 absconded from the premises. However, on the same day, Defendant No.2 paid an outstanding rent amount of Rs. 60,000/-, which
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covered four months' rent. Since that day, despite several attempts by the police to contact Defendant No.1 and summon him to Madhura Nagar Police
Station, he has been deliberately evading and failing to appear.
5.It is submitted that despite repeated notices, the Defendants continue to occupy Flat No. 201 without vacating it. They are still conducting an unlawful dog cross-breeding business from the premises, thereby alarming and distressing the other flat owners. The Defendants have failed to pay the monthly rent regularly and have behaved in a rowdy, intimidating manner toward the Plaintiff while wrongfully retaining possession of the flat.
Photographs and video recordings clearly showing the illegal dog-breeding activities inside the Plaintiff's flat have been collected and are being filed.
6.The Plaintiff respectfully submits that over the past six months, the conduct of the Defendant has undergone a sudden and drastic change. The
Defendant has begun exerting undue pressure on the Plaintiff and is unlawfully attempting to prevent the Plaintiff from exercising his rightful ownership and possession over the suit schedule property.
7.The Plaintiff submits that the Plaintiff visited the said property on 10.06.2025, 12.06.2025, 27.06.2025, 05.07.2025, and 13.07.2025, and on several other occasions. Notably, on 05.07.2025 and 13.07.2025 at around 10:30 A.M., when the Plaintiff arrived at the premises, he found the property
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locked from inside, and the Defendants were deliberately absconding from the flat to avoid confrontation. The Plaintiff submits that on the following day, when the Plaintiff approached the Defendant, the Defendant began abusing the
Plaintiff, his family members, and even other flat owners in vulgar, abusive, and un-parliamentary language. The Defendant issued serious threats and warned the Plaintiff not to interfere or attempt to vacate him from the premises, stating, in threatening tone: "If you come again asking me to vacate, I will see your end." It is submitted that the Defendant has illegally taken possession of the
Plaintiff's suit schedule property and continues to trespass upon it. He has further issued threats of dire consequences, boasting of his influence in political circles and with local police authorities. His intimidation is intended to instill fear in the Plaintiff and to unlawfully retain possession of the Plaintiff's property.
8.The Plaintiff submits that assessed on the facts narrated in the plaint, the following offences are done by the Defendants i. Mischief Causing Damage to the Plaintiff's flat (structural, hygienic, and otherwise) due to unauthorized dog breeding activity ii. Criminal Trespass the Defendants' continued occupation of the flat after repeated notices and threats to the Plaintiff amounts to criminal trespass.
iii. Criminal Intimidation the Defendant's use of threats like "I will see your end" and abuse toward Plaintiff and flat members amount to criminal intimidation.
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iv. Public Nuisance keeping 20 dogs and running an unlicensed breeding business in a residential flat causing unbearable stench and disturbance to other residents constitutes public nuisance.
v. Cheating (if deception about purpose of tenancy or misuse of residential property is proven) Misrepresentation and misuse of the premises for illegal commercial gain could amount to cheating.
9.It is submitted that the Plaintiff then approached the concerned police station (P.S. Madhuranagar) to lodge a complaint but the police officials refused to accept the same on the pretext that it is a civil dispute and stated that they have no authority to interfere in civil disputes. The Plaintiff originally let the suit schedule property to the Defendant purely for residential purposes.
However, without the Plaintiff's knowledge or consent, the Defendant not only defaulted in paying the agreed monthly rent but also converted the premises into an illicit dog cross-breeding enterprise, amassing unlawful profits running into lakhs of rupees By persistently withholding rent and refusing to vacate despite repeated demands, the Defendant has subjected the Plaintiff to
Continuous financial loss and severe mental agony. Having no other efficacious remedy, the Plaintiff is constrained to invoke the jurisdiction of this Hon'ble
Court and seeks appropriate reliefs in accordance with law. Hence this suit.
10.Despite Service of summons, Defendants chose not to appear and contest the case. As a result, Defendants No. 1 and 2 were Set Exparte.
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11.Now, the point for determination is :
“Whether the plaintiff is entitled for eviction of defendant s
from suit schedule property and recovery of arrears of rent from
the defendant as prayed for ?”
12.Heard counsel for plaintiff. Perused material on record and written arguments filed by the plaintiff.
ANSWER TO POINT :
13.During trial, the G.P.A for Plaintiff examined as PW.1 and got exhibited documents A.1 to A.7 in support of her claim. As defendant did not turn up to the court, matter proceeded exparte. In her affidavit, PW1 reiterated the averments as mentioned in plaint. Ex.A1 is the Certified Copy of Sale Deed,
Ex.A2 is the Certified Copy of Encumbrance Certificate, dated 30-06-2025.
Exs. A1 and A2 shows the plaintiff as the absolute owner of the said premises.
Ex.A3 is the Photographs and Videos (Pendrive), Ex.A4 is the Original Aadhar
Card of Plaintiff. Ex.A5 is the Whatsapp Conversation printout of 5 pages (as per Sec. 65B of the Indian Evidence Act).
14.As per Section 111 (g) of Transfer of Property Act, 1882 a lease of immovable property determines ‘on the expiration of a notice to determine the lease, or to quit, or of intention to quit, the property leased, duly given by one party to the other’. As per Section 111 (h) of Transfer of Property Act, ‘by forfeiture; that is to say, (1) in case the lessee breaks an express condition which provides that, on breach thereof, the lessor may re-enter;. By exhibits A3,
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A4 and A6, Plaintiffs have proved valid termination and continued unauthorised occupation of defendant.
As per Section 108(l) of Transfer of Property Act, 1882 ‘the lessee is bound to pay or tender, at the proper time and place, the premium or rent to the lessor or his agent in this behalf.’
As per Section 108(q) of Transfer of Property Act, 1882 ‘on the determination of the lease, the lessee is bound to put the lessor into possession of the property.’
As per Section 108(o) of Transfer of Property Act, 1882 ‘the lessee may use the property and its products (if any) as a person of ordinary prudence would use them if they were his own; but he must not use, or permit another to use, the property for a purpose other than that for which it was leased, or fell or sell timber, pull down or damage buildings belonging to the lessor, or work mines or quarries not open when the lease was granted, or commit any other act which is destructive or permanently injurious thereto;’
15.A combined perusal of all these documents goes to show that defendant who is tenant of plaint schedule property, had made default in payment of rents, using the premises other than for the purpose of intended use, and also failed to vacate and handover the possession of suit schedule propertyto plaintiff.
16.The Plaintiff's ownership of the Suit Schedule Property is established beyond doubt through Ex. A1 (Sale Deed) and corroborated by Ex. A2
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(Encumbrance Certificate). The landlord-tenant relationship is admitted in the pleadings. In a month-to-month tenancy, the tenancy can be terminated by issuing a 15-day notice under Section 106 of the Transfer of Property Act. The
WhatsApp communications marked as Ex. A5, specifically the messages dated 03.04.2023 and 02.10.2023 asking the Defendants to vacate, serve as valid statutory notice in the modern electronic era. The Defendants, being ex-parte, have not rebutted this evidence. Therefore, the Plaintiff is legally entitled to the recovery of vacant possession.
17.The Plaintiff's sworn testimony (PW-1) regarding the unpaid rent of Rs.
1,86,000/- up to June 2023, minus the Rs. 60,000/- paid on 03.09.2024, stands unchallenged. The demands made via Ex. A5 further substantiate the default.
Such admission of the jural relationship enables decree for possession upon valid termination as was held in the case of “Payal Vision Ltd. v. Radhika
Choudhary”, (2012) 11 SCC 405. Moreover, Adverse inference Sec. 114 I.E.Act can be drawn for non appearance of defendants despite due service of suit summons.
18.The Plaintiff has alleged that the Defendants are running a commercial dog cross-breeding business in a residential flat, causing severe nuisance and damage. This is substantiated by visual evidence in Ex. A3 (Photographs and
Videos). Operating a commercial animal breeding business in a residential
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apartment without the landlord's consent is a clear violation of the terms of tenancy and municipal laws in view of Sec. 108(o) of T.P. Act.
19.For the claim of Rs. 6,00,000/- towards damages. No documentary proof is filed to prove the value of damages caused to the suit schedule property of the plaintiff by the defendant. Except for mere averments in the plaint there is no documentary evidence on record to establish the claim of the plaintiff. Therefore, in view of the above discussion, this Court is of the opinion that the plaintiff herein had failed to prove his claim of amount of Rs. 6,00,000/- towards damages caused by the defendant to suit schedule property in the present case.
Hence, Issue No.4 is answered against the plaintiff.
20.The evidence adduced by the Plaintiff remains unchallenged, un- cross-examined, and un-rebutted by the Defendants. The Court has no reason to disbelieve the sworn testimony of the Plaintiff and the documentary evidence on record. The Plaintiff has successfully proved his case.
21.In the Result, the suit of the Plaintiff is PARTLY DECREED with costs, against Defendants 1 and 2, on the following terms:
i)The Defendants 1 and 2 are hereby directed to vacate and hand over the peaceful and vacant possession of the Suit Schedule Property to the
Plaintiff within Sixty (60) days from the date of this Judgment and further the defendants ar restrained from carrying-on any unlawful activities in suit schedule property.
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ii)The Defendants are jointly and severally liable to pay the arrears of unpaid rent of Rs. 1,86,000/- up to June 2023, within (60) days from the date of this Judgment. and if any amount already paid is liable to be set off.
Typed to my diction to the Stenographer, corrected and pronounced by me in the open court on this the 30 th March, 2026.
XIX JUNIOR CIVIL JUDGE,
FAC XXI JUNIOR CIVIL JUDGE,
CITY CIVIL COURT, HYDERABAD.
APPENDIX OF EVIDENCE
WITNESS EXAMINED
PLAINTIFF DEFENDANT
PW1- Nil - Gudiseva Saibabu
DOCUMENTS MARKED
PLAINTIFFS
Ex. A1Certified Copy of Sale Deed
Ex. A2Certified Copy of Encumbrance Certificate, dated 30-06-2025.
Ex. A3Photographs and Videos (Pendrive)
Ex. A4Original Aadhar Card of Plaintiff
Ex. A5Whatsapp Conversation printout of 5 pages (as per Sec. 64B of the Indian Evidence Act).
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DOCUMENTS MARKED
DEFENDANTS
- Nil -
XIX JUNIOR CIVIL JUDGE,
FAC XXI JUNIOR CIVIL JUDGE,
CITY CIVIL COURT, HYDERABAD.
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