K.JOHN MATHEW, K.NARAYANA KURUP
Mohammed Kunju Isha Beevi – Appellant
Versus
Elayakunju Shahul Hameed – Respondent
John Mathew, J.
Plaintiffs are the appellants. The suit was for recovery of possession with arrears of rent. According to the plaintiffs plaint A schedule building belonging to them was leased out to the defendant on 8-10-1982 on a monthly rent of Rs.150/- as per Ext.Al agreement. Plaint B schedule movables belong to the defendant. As per Ext.Al agreement plaintiffs agreed to purchase B schedule movables for a consideration of Rs.9,610/-. On Ext.Al date the defendant paid Rs.9,000/- to the plaintiffs as security for the rent arrangement. After the period of lease the plaintiffs were ready and willing to repay the advance and purchase B schedule movables on Baying the sale consideration. The defendant did not agree to execute the sale deed in respect of plaint B schedule movables. He was also not willing to surrender vacant possession of A schedule building. Rent was paid only upto 12-9-1985. Due to the damages caused by the defendant to plaint A schedule building the plaintiffs have sustained a loss of Rs.2,000/-. - Plaintiffs caused to send Ext.A2 lawyer's notice dated 8-10-1985 terminating the tenancy. Subsequently the suit was filed.
2. Defendant contended that his fat
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