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2008 Supreme(Ker) 634

P.R.RAMAN, T.R.RAMACHANDRAN NAIR
Sainaba – Appellant
Versus
Syed Jaffer Aydeed – Respondent


Advocates Appeared: For the Appellant:R. Rajesh Kormath, Advocate. For the Respondents:K.M. Sathianatha Menon, Advocate.

Judgment :-

P.R. Raman, J.

Defendants are the revision petitioners. Respondent herein filed O.S. 50/2003 before the Wakf Tribunal, Kozhikode against one Bapputty who was the predecessor-in-interest of the petitioners herein. The suit was one for getting vacant possession of the plaint schedule property and for damages for use and occupation. During the pendency of the proceedings, Bapputty died and the petitioners herein got themselves impleaded as his legal representatives, in the suit. According to the plaintiff, the plaint schedule shop room belonged to his father Puthiya Maliyakkal Syed Hassan Aydeed which forms part of a commercial building complex, put up by him, that Bapputty was a tenant in the plaint schedule property under his father based on an oral lease agreeing to pay a monthly rent of Rs. 500 (Rupees five hundred) per month and the lease was initially for a period of three months, that Ext. A-1 is a Wakf deed executed by the father of the plaintiff with respect to the plaint schedule property in the year 1998, and the plaintiff was made Muthavalli of the Wakf, that after Ext. A-1 the original tenant Bapputty atoned to the plaintiff and was paying rent to him in the ca
















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