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2022 Supreme(Online)(KER) 4198

HIGH COURT OF KERALA
NELLIYOT PADMANABHAN – Appellant
Versus
KAITTAL MAYAN PARAMBATH ABDUL MAJEED, (DIED) – Respondent


COMMON JUDGMENT

Dated this the 28th day of October, 2022.

R.S.A.No.613 of 2016 has been directed against the judgment and decree in A.S.No. 17 of 2013 on the file of Additional District Court-III, Thalassery which arise out of judgment and dercee in in O.S.No. 316 of 2009 on the file of Munsiff's Court, Thalassery. R.S.A.No.562 of 2016 has been directed against the judgment and decree in A.S.No.18/2013 on the file of Additional District Court-III, Thalassery which in turn arise out of the decree in counter claim in O.S.No.316 of 2009 on the file of Munsiff Court, Thalassery.

2. Suit is one for declaration and consequential injunction.

(Parties will hereafter be referred as per their status before the trail court) Plaintiff is the appellant in both R.S.As. 1st defendant is the owner of the plaint B schedule room which was let out to the mother of the 2nd defendant by name Poyyeri Vazhayil Paru. 2nd defendant is her son and continued as tenant after her death. In the year 1981, Paru sublet the room to the plaintiff on a monthly rent of Rs.120/- which was periodically enhanced to Rs.700/-. The subletting was done with the consent and knowledge of previous owner and the 1st defendant. Pla

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