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M. A. ABDUL HAKHIM
KARUNAGAPPALLY COIR VYAVASAYA CO-OPERATIVE SOCIETY LIMITED – Appellant
Versus
SANKARAN NAMBOOTHIRI RAMACHANDRAN NAMBOODIRI – Respondent
JUDGMENT :
M.A. ABDUL HAKHIM, J.
1. The appellant is the 1st defendant in O.S. No. 377/1985 of the Munsiffs Court, Karunagappally. The suit was for a mandatory injunction to handover the plaint schedule property after demolishing the building therein after finding that the 1st defendant has only licence over the plaint schedule property for recovery of arrears of rent and notice charges of Rs.135/- and future ground rent at the rate of Rs.400/- per annum. The plaint schedule property is 6 cents of land in Sy. 458/A.B of Kulasekharapuram village and the building situated therein.
2. The plaintiffs are two brothers who derived the plaint schedule property from their mother, Lakshmi Antharjanam. The main averments in the plaint are to the effect that the dilapidated building in the plaint schedule property was sold to one Adv. Sivarama Panicker as per Ext.A1 Sale Deed dated 10.08.1955 agreeing that the said Sivarama Panicker is free to either repair and continue to use the building or to reconstruct the same, and in case he continues to use the building after repairing, the plaint schedule property is given on ground rent for a period of three years @ Rs.55/- per annum to Lakshmi Antharj
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