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1984 Supreme(Ker) 182

SUKUMARAN
VISWANATHAN – Appellant
Versus
PORICHU – Respondent


Judgment :-

1. The revision petition is at the instance of a counter-petitioner in an application for injunction which has been allowed by the courts below. The injunction sought for was to restrain the demolition of the walls or pillars of the shop building in the possession of the revision petitioner and against carrying out any new works therein or effecting any material alterations to the building and from committing waste.

2. The building was taken on rent from one Saraswathi Amma by one Gopalan. Gopalan passed away in 1965. The revision petitioner claims to be have-entered into a tenancy direct with Saraswathi Amma thereafter. It is not disputed that the revision petitioner is now in possession of the building. The plaintiff is a person who purchased the building under a sale deed dated 29-7-1971. The sale deed itself refers to the tenancy. Among the various recitals therein are the statements:

"There are no arrears of rent. There is no advance payment in the tenancy arrangement".

According to the revision petitioner, there has been an attornment to the plaintiff; arrears of rent at the enhanced rate of Rs. 75/- had been settled up to February 1983, and the plaintiff had been de

















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