S.PADMANABHAN
Puthiyottil Kunhava – Appellant
Versus
Kaniattichalil Mammadkutty – Respondent
Defendant appeals. Suit is one for eviction. Respondent is the owner of the premises let out to one Ali. Appellant was the sub-lessee under Ali. In execution of a money decree in O.S.No. 685 of 1965, the rights of Ali and the appellant were sold in Court auction and purchased by the respondent on 8-3-1967, evidenced by Ext.A3. Sale was confirmed and delivery, as seen from Ext. A4, was taken on 20-3-1967. Appellant then executed Ext. Al lease deed on 17-121967 and took the property on lease from the respondent.
2. In the suit for eviction, appellant denied the Court sale and delivery and contended that Ext. A1 was executed in continuation of the earlier lease. He claimed fixity of tenure and relied on Exts. B1 and B5 order and purchase certificate issued by the Land Tribunal, to the effect that he purchased the rights of the land owner and intermediary. Respondent successfully established not only that he was not a party to Exts. B1 and B5 and no notice was issued to him, but also that the appellant is not the applicant. Identity of property is also not established by the appellant. The trial Court and the appellate Court rejected Exts. B1 and B5 and the contentions of th
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