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1980 Supreme(Online)(Ker) 4

KERALA HIGH COURT
Janaki Amma, J
Ouseph v. Saramma


Advocates:
For the Appellants/Petitioners: N/A
For the Respondents: N/A

1 The Judgment of the court was delivered by Janaki Amma, J. - The defeated first defendant in a suit for recovery of possession of the ground floor of a shop building owned by one Joseph, the deceased father of the plaintiff, is the appellant. Defendants 2 to 11 in the suit are stated to be the other legal representatives of Joseph who, according to the plaintiff, were not prepared to join her in the institution of the suit. Going by the case put forward by the plaintiff, for some time after the death of her father heirs were experiencing financial strain. They some how managed to reconstruct the old shop building. The ground floor of the building was let to a tenant and the upstair rooms were being used for the Varghesons Watch Company owned by the deceased which business was continued by his heirs after his death. As years rolled on, the space available in the upstairs became insufficient for the business and it was decided that after the tenant of the ground floor surrendered, that portion should also be used for the business. The tenant of the ground floor vacated some time in March, 1970. Defendants 2 to 4 and 7 however, let out the shop building to the first defendant withou


























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