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2023 Supreme(Ker) 886

A. BADHARUDEEN
Abraham Varghese – Appellant
Versus
Kerala State Civil Supplies Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : JOSEPH ABRAHAM (KOTTAYAM), HARISH ABRAHAM

JUDGMENT :

This Second Appeal has been filed under Order XLII Rule 1 read with Section 100 of the Code of Civil Procedure (`C.P.C' for short hereafter) challenging the decree and judgment in A.S.No.76/2019 dated 18.01.2022 on the files of Additional District Court-V, Kottayam, arose out of the decree and judgment in O.S.No.382/2017 on the files of the Additional Munsiff Court, Kottayam.

2. Heard the learned counsel for the appellant/plaintiff and the respondents/defendants.

3. I shall refer the parties in this appeal with reference to their status before the trial court, as `plaintiff’ and `defendants’ hereafter for easy reference.

4. Perused the verdicts under challenge and the copies of documents placed by the learned counsel for the plaintiff, form part of the trial court records.

5. As on 29.08.2022, my learned predecessor, as per order dated 29.08.2022, admitted this appeal raising the following substantial questions of law:

    1) Whether continued possession of the premises after the determination of the lease, under Section 106 of the Transfer of Property Act, not illegal or unlawful?

(2) When tenancy stands terminated, whether non granting of damages for the use and occupation of the

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