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2000 Supreme(Ker) 24

P.K.BALASUBRAMANYAN, K.A.MOHAMMED SHAFI
Govinda Panicker – Appellant
Versus
Sreedhara Warrier – Respondent


Judgment :-

P.K. Balasubramanyan, J.

The defendants in O.S.60 of 1989 on the file of the Munsiff's Court of Hari pad are the petitioners. That suit was filed by the respondents herein for eviction of the defendants from plaint A schedule item No. 2 shed with arrears of rent and compensation for use and occupation. There was also a prayer for a permanent injunction restraining the defendants from altering the shed described as plaint A schedule item No. 2 and from trespassing into plaint A schedule item No. 1. According to the plaintiff, in the year 1975, plaintiff No.1 let out the shed to defendant No. 1. Defendant No.1 had unauthorisedly permitted defendant No. 2 to run a tailoring shop in the premises. The suit was filed after termination of the tenancy and exchange of notices. The entire property, which according to the plaintiffs, have come to plaintiff No. 1 was scheduled as plaint A schedule item No.1 and the shed alleged let out to defendant No.1 on daily rent, was scheduled as A schedule item No. 2.

2. In the written statement filed, the defendants interalia raised a plea that what was leased out was 2.50 cents of land, originally to the father of the first defendant in the y





























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