RAVINDRAN Vs. KINASSERI YATHEEMKANA

JUDGEMENT

(1.) The 1st Defendant is the Appellant. Suit was filed by the 1st Respondent for realisation of arrears of rent and eviction of the 1st Defendant from the plaint building occupied by that Defendant. Property occupied by the 1st Defendant was dedicated to a Wakf and thereafter the rent are in arrears was the case of the Plaintiff to seek eviction and realisation of arrears of rent. The Wakf Board was impleaded as the 2nd Defendant in the suit.

(2.) The 1st Defendant resisted the suit claim contending he is a tenant of the building and he is liable to be evicted only under the provisions of the Kerala Buildings (Lease and Rent Control) Act, 1965. The trial court accepting the contention of the 1st Defendant non-suited the Plaintiff. No material was produced by the Plaintiff to show that there was a registered Wakf in respect of the property comprised in the building also weighed with the trial court in dismissing the suit. Plaintiff preferred an appeal in which he produced a certificate evidencing that there is a registered Wakf of the suit property with the Wakf Board.

(3.) In appeal the first appellate court, reversing the dismissal of the suit, granted a decree to the Plaintiff as applied for. That decree is challenged in this appeal.