K. RAMAKRISHNAN, J.

The defendant in O.S.No.864 of 2007 on the file of the Sub Court, Ernakulam is the appellant herein.

2. The suit was filed for recovery of possession for the plaint schedule property after removing the constructions therein by the defendant from the possession of the defendant on the basis of the plaintiff's title and also on the ground of termination of lease agreement and also for recovery of damages for use and occupation with following allegations. The plaintiff is the absolute owner of the plaint schedule property having an area of 10.030 cents of property comprised in survey No.912/2011 and 913/4 of Elamkulam village which he obtained as per partition deed No.2656/72 of S.R.O, Ernakulam. This property was leased out to the defendant for the purpose of erecting petrol pump and service station as per registered lease date No.3098/1981 of S.R.O. Ernakulam executed on 20.7.1981 for a period of 20 years with effect from 1.4.1981. It is alleged in the plaint that in the lease deed so executed, the defendant fraudulently incorporated a clause whereby the lease will automatically and without any further act of any of the parties thereto renew for a period