JUDGMENT :

M.R. ANITHA, J.

1. This Regular Second Appeal has been directed against the judgment and decree in A.S. No. 4/2015 on the file of Subordinate Judge's Court, Vatakara which arise out of the judgment and decree in O.S. No. 42/2013 on the file of Munsiff's Court, Vatakara.

2. Appellant is the defendant in the suit. Parties would be referred as per their status before the trial court. The suit has been filed for recovery of possession and realisation of arrears of rent. Plaint schedule property originally belonged to the defendant and the plaintiff purchased it from the defendant as per Assignment Deed No. 1742 of 2003 dated 08.08.2001. Subsequently, plaintiff constructed a shed in the plaint schedule property and it was taken on lease by the defendant for conducting cement pottery manufacturing unit on a monthly rent of Rs. 700/- as per lease deed executed on 03.06.2003. Defendant committed default in payment of rent from 01.05.2004. Inspite of repeated demands, the arrears were not cleared. Plaintiff required the plaint schedule property for constructing a house. Hence plaintiff filed R.C.P. No. 39/2011 for eviction on the ground of arrears of rent. In that petition, defendan