T.Y VIJAYAKRISHNAN Vs. DISTRICT LIBRARY COUNCIL

JUDGEMENT

(1.) THE Second Appeal arises from the judgment and decree of Third Additional District Court, Kozhikode in A.S. No.209 of 2011 confirming the judgment and decree for eviction of the appellant from the plaint B schedule property, granted by the Second Additional Munsiff's Court, Kozhikode in O.S. No.511 of 2009. According to the respondent-plaintiff, the plaint B schedule property belonged to its predecessor, the Local Library Authority and as per Section 46 of the Kerala Public Libraries Act, 1989 it got title and possession of the plaint B schedule. The appellant as per permission granted, constructed a Bunk in the plaint B schedule and is running a book stall. The respondent terminated the tenancy and sought eviction.

(2.) THOUGH various contentions were raised by the appellant in the trial court, those contentions were rejected and the respondent was given a decree for recovery of possession of the plaint B schedule. That was confirmed by the first appellate court.

(3.) THE learned counsel for the appellant submitted that in execution of the decree a portion of the Bunk has already been demolished by the Amin and that the executing court has granted stay of further proceeding till 07.12.2012. The learned counsel requested that the appellant may be given 12 months' time to demolish the remaining portion of the Bunk. It is submitted that the appellant is running a book stall in the Bunk.