JUDGMENT

Plaintiff in O.S.No.773 of 1999 of the court of learned Principal Munsiff, Irinjalakuda is aggrieved by the dismissal of the suit and the decree allowing counter claim for his eviction from the building in the property as confirmed by the learned Principal Sub Judge, Irinjalakuda in A.S.No.57 of 2000.

2. According to the appellant, he had joint business with the respondent who offered to sell the building described in the plaint schedule to the appellant and situated in the housing colony, Irinjalakuda for consideration of Rs.80,000/-. He paid Rs.18,000/- by way of advance and was put in possession of the building. He prayed for a decree for a prohibitory injunction to restrain the respondent from forcibly evicting him.

3. Respondent, while denying that there was any agreement for sale or receipt of advance sale consideration, contended that he permitted the appellant to occupy the building until appellant made alternative arrangements for his residence. He made a counter claim and prayed for a decree for recovery of possession.

4. Appellant filed a replication contending, according to the learned counsel, that respondent has no title over the building as it belonged to the h