JUDGMENT :

The plaintiffs filed O.S.No.365/2007 on the file of the Additional Sub Court-I, Kozhikode (hereinafter referred to as 'the trial court') for permanent prohibitory injunction restraining the defendants from evicting the plaintiffs forcefully. However, the defendants filed O.S.No.696/2008 on the file of the trial court for recovery of the plaint schedule property from the plaintiffs. For the sake of convenience, the parties are referred to as per their litigious status before the trial court in O.S.No.365/2007.

2. The plaint schedule property having an extent of 11.5 cents of land with a three storied shopping complex belonged to a registered partnership firm under the name and style 'M/s.Three Associates', in which Sri.T.Mani, the 2nd plaintiff was a partner along with Sri.T.A.Krishnan and Sri.Kiran Babu as partners. In the year 1997, the 1st plaintiff approached the partners of the firm seeking to get possession of the shop room as a tenant for conducting a bakery business. The partners of the firm, namely, Sri.T.A.Krishnan and Sri.Kiran Babu had agreed to lease out the plaint schedule shop room to the 1st plaintiff. The 2nd plaintiff also wanted to include him in the busi