P.UNNIKRISHNA KURUP
KARIYA BELCHAPPADA – Appellant
Versus
VISHNU SHANBHOGUE – Respondent
1. This second appeal arises out of a suit for recovery of possession of a shop building on the strength of the plaintiff's title with past and future mesne profits. The plaintiff, who is the respondent, alleged that the shop building had been leased under Ext. A-l. dated 217 57 on a monthly rent of Rs. 14/- to one Ayyappa, deceased son of the 1st defendant and the brother of defendants 2 and 3. According to the plaintiff, on the expiry of the lease which was for a period of 11 months, the lessee Ayyappa was holding over till his death in September 1964 and thereafter the appellants without any legal right trespassed into the shop building and had been keeping possession of it. The contention of the appellants was that the lease deed Ext. A-1 had not been executed by Ayyappa and he had not been in possession thereunder. According to them, the lease was in favour of Ayyappa and the 3rd defendant and they were having a joint trade in the shop. The rent agreed to be paid was Rs. 12/-. After the death of Ayyappa the appellants as legal representatives of Ayyappa and the 3rd appellant as a joint lessee continued in possession.
2. Both the Courts below held that Ayyappa had be
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