JUDGMENT :

Kurian, J.

Leave granted.

2. The appellants are before this Court aggrieved by the judgment dated 6.8.2012 in RFA(OS) No.107/2009 and Cross Objections C.M. No.472/2010. The appeal was filed by the appellants herein aggrieved by the judgment dated 23.09.2009 in Civil Suit (OS) No.264/2004. That suit was filed by the respondent challenging the demand for an amount of Rs.42,11,604/- towards misuser charges, for having used the residential property for non-residential purposes. No doubt, such misuse was by a sub-tenant, who was evicted by the respondent subsequently on account of violation of the lease conditions. The learned Single Judge decreed the suit. The decretal portion reads as follows:-

“...Accordingly, the demand raised in the letter dated 17th December 2003 of the Defendants towards misuser charges payable by the Plaintiff in respect of the suit property would stand modified as under: (i) Rs.10,31,630/-+ Rs.10,316/-towards misuser charges for the first floor (ii) Rs.55,866/-for the misuse of the ground floor the plaintiff. (iii) Other sums demanded in the letter dated 17th December 2003 i.e. the sums under Sl. Nos.1 to 3, Ground Rent under Head “A”, and Misuse Charges