PUTHUKKATTIL PARANGODAN Vs. PUTHUKKATTIL PARAMESWARAN

JUDGEMENT

(1.) S.A. No. 725/96 is preferred against the judgment and decree in O.S. No. 425/1985 on the file of the Munsiff's Court, Kozhikode modified by the District Court, Kozhikode in A.S. No. 108/1991, S.A. No. 824/96 is preferred against the judgment and decree in O.S. No. 679/1985 on the file of the Munsiff's Court, Kozhikode confirmed by the District Court, Kozhikode in A.S. No. 109/1991.

(2.) The appellant and the respondent and the plaint schedule property in both the appeals are the same. O.S. No. 425/85 is the suit filed by the appellant seeking a permanent prohibitory injunction restraining the respondent from removing the remants of the fallen shed in the plaint schedule property and to restrin the respondent from entering into the plaint schedule property and constructing new shed or any other structures. O.S. No. 679/85 is filed by the respondent against the appellant seeking permanent prohibitory injunction restraining the appellant and his men from trespassing upon the plaint schedule property and demolishing the shed or any part of it in the possession of the respondent and obstructing the work that is being done by the respondent in the plaint schedule premises.

(3.) It is the common case that the two sheds situated in the plaint schedule property were let out by the appellant to the respondent on a monthly rent of Rs. 57.50 as per Ext. A2 rent bond dated 19.5.1971 and the respondent has been conducting spray painting of cars in those sheds. On 26.11.1977 one of the sheds collapsed and the other was in a slanting position, about to collapse. The appellant filed O.S. 425/85 seeking permanent prohibitory injunction restraining the respondent from entering upon the property and putting up new shed or any other construction and for preventing the respondent from removing the remants of the shed from the plaint schedule property.