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1974 Supreme(Ker) 92

G.BALAGANGADHARAN NAIR
SORAB ALIAS S. P. KAVINA – Appellant
Versus
VISWANATHA MENON – Respondent


Judgment :-

1. This appeal by the second defendant arises out of a suit for recovery of the site of a shed, with rent, past and future and certain other reliefs.

2. The shed which bears Municipal No. 306/XXX, stands in a 23 cent plot in Trichur town. There is a building (called hereunder as the Guest House) in this land and it had been rented by the Sitaram Mills for the residence of its Engineer E. S. Mehta. Mehta was conducting a bobbin factory called Mehta Kavina and Co. in a plot on the north belonging to another tavazhi of the plaintiff's tarwad. For the purpose of this factory Mehta was permitted, by the plaintiff's father Kuttan Nair, to erect a shed in the suit property, on a monthly' ground rent of Rs. 2.50. Later he was allowed to demolish a portion of the northern compound wall and a portion of the eastern compound wall, on the understanding that he would reconstruct the demolished portions, when he vacated the building. Mehta left the services of the Sitaram Mills and returned to his native place Ahamedabad. The first defendant who is his brother-in-law agreed to remove the shed and restore the compound walls and he also took the Guest House on rent in 1954. The plaintif





















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