The plaintiff in O.S.No. 17/1988 on the file of the Sub Court, Hosdurg is the appellant. He filed the suit for recovery possession of the plaint schedule property on receipt of the value of improvements. Plaint schedule property is comprised in Survey No. 98/3 of Balla village it originally belonged on jenmom right to one Kannan. The right of Kannan later came to Perunthattil Cheriyakkan. One C.H. Ahamed alias Cherakandath Ahammed filed S.C.No. 82/1965 before the Sub Court Hosdurg against Cheriyakkan for realization of money. In execution of the decree passé in S.C.No. 82 of 1965, the plaint schedule property was brought for sale and was purchased by the decree holder C.H. Ahamed. He took delivery of the property. Thereafter. Ahamed assigned the plaint schedule property to the plaintiff as per a registered sale deed dated 8-7-1991. Thus the plaintiff became the absolute owner of the plaint schedule property. The original owner Kannan granted a lease (Nilavadaka Karar) on 8-8-1986 to one Vasudev Prabhu for putting up a shop building in the plaint schedule property. The period of lease was for 12 years and as per the terms of the lease, the lessee is liable to surrender p