This matter was listed for admission and earlier, the

matter was heard in part and today, the matter is listed for

reporting settlement since, there was an earlier move between

the parties with regard to the settlement is concerned but, no

settlement is entered into between the parties and the counsels

have argued the matter on merits.

The factual matrix of the case of the plaintiff before

the Trial Court is that, this appellant is in permissive possession

of the suit schedule property and though he agreed to quit and

vacate the suit schedule property, he did not vacate the same.

Hence, he was forced to file a suit for permanent injunction and

mandatory injunction. The contents of the plaint is that the

schedule property comprised of a house bearing Door No.1-S-

21-1583 which is shown as schedule ‘B’ property in the plaint.

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The defendant was residing in the schedule ‘B’ premises prior

to the execution of sale deed in favour of this plaintiff by way of

permissive occupant under his erstwhile owner. During

execution of the sale deed in favour of the plaintiff, the

defendant had promised him that he would vacate and

handover the schedule ‘B’ premises to the plaintiff with