Fourth defendant in O.S.268/1998 on the file of III Additional Sub Court, Kozhikode is the appellant. First respondent was the plaintiff and other respondents other defendants in the suit. First respondent admittedly obtained the right to run the canteen from the appellant agreeing to pay a monthly rent of Rs.1555/- on 25.9.1987. An advance of three months rent was paid. The period of the rental arrangement was one year. Subsequently it was admittedly extended for two years. When first respondent did not surrender the building on the expiry of the period, appellant demanded rent at the rate of Rs.2500/- and initiated steps to evict him by recourse to the provisions of Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968. Though first respondent instituted O.S.453/1990 seeking a decree for injunction from eviction and an ex parte order of injunction was granted, it was vacated on 5.2.1992 when the suit was dismissed. Though first respondent filed A.S.35/1992 he could not succeed in getting an interim order. Appellant with the help of police obtained possession of the property on 29.9.1992 after preparing the list of materials and taking custody of plaint