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2013 Supreme(Online)(KER) 35404

HIGH COURT OF KERALA
N.K.BALAKRISHNAN, J
M/S RUBY ENTERPRISES (P) LTD – Appellant
Versus
MALABAR HOTEL MANAGEMENT & CATERING PROMOTION TRUST – Respondent


JUDGMENT

The plaintiff in a suit for injunction is the petitioner.

Plaintiff is a private Limited Company represented by its authorised representative. In that suit she filed an application for injunction to restrain the respondents from trespassing into or otherwise interfering with the plaintiff's possession over the plaint schedule building. The buildings are constructed in a plot measuring 3 acres owned by the petitioner. One building consists of 36 rooms and the other building consists of 54 rooms. It was stated that those buildings were let out to the first respondent Trust managed by the brother of the Managing Director of the Petitioner company. Those two buildings were leased out to use the same as hostel buildings for accommodating the students studying in a hotel management institution run by the Trust. It was stated that since dispute arose, there was a mediation and thereafter the first respondent surrendered the buildings to the petitioner/plaintiff on 31-3-2003 and pursuant thereto the entire furniture in the rooms were removed and the first respondent gave vacant possession of the building to the petitioner. The suit was filed contending that there was an attempt on

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