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2013 Supreme(Online)(KER) 28991

HIGH COURT OF KERALA
M.L.JOSEPH FRANCIS, J
PARADAN ABDULLA – Appellant
Versus
STATE – Respondent


Advocates:
SRI.A.V.M.SALAHUDIN, SMT.KUMARI MINI, SRI REJI JOSEPH, SRI.M.K.SREEGESH

J U D G M E N T

This Second Appeal is filed by the plaintiff in O.S.No.480 of 1996 on the file of the I Additional Munsiff Court, Kozhikode, who was the appellant in A.S.No.198 of 1997 on the file of the II Additional Sub Court, Kozhikode. Respondents 1 to 3 herein were the defendants 1 to 3 in that suit and the respondents 1 to 3 in the appeal.

2. O.S.480/1996 is a suit for permanent prohibitory injunction. The averments in the plaint are briefly as follows : The plaintiff is a tenant under the third defendant. He is conducting a bunk in the plaint schedule property. The property belongs to the third defendant as per Wakf deed No.1742/1931. The bunk was constructed by the third defendant and it was entrusted to the plaintiff for a monthly rent of `30/-. The rent was periodically enhanced and the present rent is `280/- per month. The plaintiff is conducting his work of tin making in the plaint schedule bunk from 1974 onwards. He had carried out repairs on 9.3.1994 as per the permission granted by the Corporation. On 6.7.1996 the Officers under the 2nd defendant came to the plaint schedule shop and told that they are going to demolish the bunk. The plaint schedule bunk is situated in

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