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1985 Supreme(Ker) 177

PARIPOORNAN
BEERANKOYA HAJI – Appellant
Versus
MOHAMMEDKUTTY – Respondent


Judgment :-

1. The plaintiffs in O.S. 19 of 1977 of the Munsiff's Court. Kozhikode are the appellants. The defendants are the respondents. The suit was one for recovery of possession of plaint scheduled property on the strength of title. It was demised by the plaintiffs' mother to the 1st defendant and one Aboobacker on 20-1-1971. Proceedings were taken for recovery of arrears of rent. The plaintiffs' mother filed O.P. (R.C.) 138 of 1975 for eviction. It was allowed. In execution of the above decree in E.P. 767 of 1976. the plaint schedule property was taken delivery of by the plaintiffs. Certified copy of the order in O P.(R.C.) 138 of 1975 dated 16-10-1976 is Ext.Al and the decree is Ext. A2. The delivery report is Ext. A9 dated 6-1-1976. Since there was obstruction in taking delivery. it was effected with the help of police. The 1st defendant trespassed into the plaint schedule property. A police complaint was filed against him. He occupied the house immediately thereafter. The plaintiffs prayed for recovery of possession on the basis that the defendants had trespassed into the plaint schedule house. The defendants contested the suit. They contended that the lease was really in












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