K.BASKARAN
KOCHUNNI – Appellant
Versus
KURIAKOSE – Respondent
1. The appellant is the defendant in a suit for recovery of plaint schedule item 1 with arrears of rent and future rent and for a permanent injunction to restrain the defendant from entering upon plaint schedule item 2, filed by the respondent-plaintiff.
2. On 1-3-1962 plaint schedule item 1 consisting of 30 cents of land was taken by the appellant-defendant on an agreement to pay a monthly rent of Rs. 100/- for a period of three years for the purpose of installing a saw mill, and Ext. P1 rent deed was executed by the defendant to evidence the transaction. In terms of Ext P1. the defendant was to construct the necessary buildings to install the machinery for conducting the saw mill and pay rent every month without default; in case of default, the appellant-defendant had to pay interest on the arrears of rent at 12% per annum and surrender the property, demolishing and removing the building on expiry of the period without dispute. It is averred in the plaint that the defendant had paid rent upto and inclusive of May 1965 and the plaintiff had passed receipts to him for such payments; rent from June 1965 was in arrears; a plot of 10cents, touching the property given on ren
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