IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, EASWARAN S., JJ
C. Basheer – Appellant
Versus
Balussery Mahal Muslim Jama-Ath Committee – Respondent
JUDGMENT Amit Rawal, J.
1. This order shall dispose of three CRPs ie., CRP (Wakf) No.32 of 2020 preferred against the decree and judgment dated 16.7.2020 in WOS No.138 of 2019 whereby the suit filed by the respondents/plaintiffs for eviction of the petitioner has been allowed. Whereas, CRP (Wakf) Nos. 7 and 8 of 2024 are preferred against the judgment dated 20.9.2023 in W.O.S No.139 of 2019 and judgment dated 16.11.2023 in W.O.S No.53 of 2020 respectively, whereby the suit of the plaintiff committee against the tenants, claiming damages for the unauthorized use and occupation, has been allowed in part by confining the damages to double the rate of rent than the one fixed in the open auction in 2016, as per the original lease deed.
2. Succinctly, the facts in brief are that the petitioner/defendant No.1 in CRP (Wakf) No.32 of 2020 and respondents/defendents in CRP (Wakf) No.8 of 2024 namely Sri. C. Basheer, was inducted as a tenant by the Jama-ath for carrying on the business of textile at the rate of Rs.8500/- per month. The tenant/ petitioner was in arrears of rent for 27 months @ Rs.8500/- per month, from April 2014 till June 2016. Accordingly, the tenancy of the aforementioned pre
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