SANJAY Vs. VARGHESE KURUVILLA

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dtd. 17/12/2020 in A.S. No. 114/2019 of the seventh Additional District Court, Ernakulam confirming the judgment and decree dtd. 31/10/2018 in O.S.No.677/2017 of the Principal Munsiffs Court, Ernakulam. The appellants are the defendants and respondent is the plaintiff before the trial court. For the sake of convenience and clarity, the parties are hereinafter referred to as 'the plaintiff and 'the defendant' unless otherwise stated.

(2.) The suit was filed for mandatory injunction directing the defendants to vacate the residential apartment situated in the plaint schedule property and for payment of rent and damages. The 1st defendant is the son of the plaintiff and the 2nd defendant is the wife of the 1st defendant.

(3.) The plaintiff is the owner of the plaint schedule property which is an apartment. It is alleged that on 18/4/2017 the defendants came to the plaint schedule property, forcefully entered into and are staying therein without the consent of the plaintiff. The plaintiff demanded them to vacate the building but they have not done so far. The defendants have no legal right to continue in the residence in the plaint schedule property and they are bound to vacate the same.