J U D G M E N T

Pius C. Kuriakose, J.

The defendants in a suit for recovery of money allegedly due by way of defaulted rent and defaulted maintenance fees which was decreed by the court below as prayed for by the plaintiff is the appellant. The parties will be referred to as they were before the trial court as plaintiff and defendant.

2. The plaintiff's case as averred in the plaint is that the plaintiff company engaged in software development and related activities took a six storied building at Kakkanad on lease from its owner for the purpose of starting software business and related other businesses. Since the commencement of software business was found not possible the plaintiff decided to sublet the building to other business concerns. While so, the defendant approached the plaintiff for taking the second floor of the said building on sublease for a limited period of 11 months. Even though there were other takers on sublease since the defendant's request was sublease for a minimum period of 11 months to be renewed further, the plaintiff agreed to the defendant's request. Accordingly tenancy agreement dated 16-11-2007 was executed between the plaintiff and the defendant. On the t