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2020 Supreme(Ker) 77

C.K.ABDUL REHIM, T.V.ANILKUMAR
Mechery Vijayakumar, S/o. Vasu – Appellant
Versus
Kinasseri Yatheem Khana, Represented By Its Secretary Kulangara Mammed Koya – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.V.T.Madhavanunni, Sri.V.A.Satheesh, Sri.M.S.Vineeth, Sri.M.Vivek Rabindranath
For the Respondent: Sri.K.M.Firoz, Smt.M.Shajna, Shri.T.K.Saidalikutty

ORDER :

T.V.ANILKUMAR, J.

1. The revision petitioner is the 1st defendant before the Waqf Tribunal, Kozhikode in O.S.No.77/2019 filed by the 1st respondent, Kinasseri Yatheem Khana, seeking eviction of the revision petitioner from the plaint schedule shop room bearing Door No.27/1795 of Kozhikode Corporation and for realisation of the arrears of rent, both past and future.

2. The suit was decreed by the Tribunal ordering eviction of the revision petitioner as well as granting arrears of rent with cost and interest. Being aggrieved by the impugned decree dated 25.5.2019, the 1st defendant, who is the tenant of the shop room, has filed this revision petition.

3. The plaint schedule shop room belongs to the 1st respondent, Yatheem Khana which is represented in the suit by its Secretary. The building consisting of the plaint schedule shop room was purchased in the name of former President of the Yatheem Khana, Sri.Veerankutty Haji as per Ext.A5 sale deed, dated 26.09.1990 executed by its erstwhile owners. The plaintiff leased out the shop room to the revision petitioner on 15.2.1991 for a monthly rent of Rs.200/-for a period of three months and later it was increased to Rs.500/-, which is

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