UMMER HAJI Vs. PUTHAMPURAYIL

JUDGEMENT

(1.) This second appeal has been preferred by the 1st respondent in AS No.23 of 2013 on the file of the Subordinate Judge's Court, Thalassery, who is the plaintiff in O.S.No.139 of 2009 on the file of the Munsiff's Court Thalassery, against the judgment dtd. 20/11/2014, allowing the said appeal and thereby dismissing the suit.

(2.) For the purpose of convenience, the parties are hereafter referred to as per their rank before the trial court.

(3.) The plaintiff filed the above suit against defendants 1 to 5 for recovery of possession and injunction. The plaint A schedule property consists of 12.80 cents of landed property and a building therein. Plaint B schedule is the residential building situated in A schedule property. Previously, plaint A schedule property belonged to the 1st defendant. He sold the said property to one Safiya. As requested by the defendants, Safiya granted six months time to the defendants to vacate the building therein. As per Exhibit A1 sale deed of the year 2008, the plaintiff purchased it from Safiya. The defendants agreed to vacate the building within a period of six months, to the plaintiff also, and the said period expired on 30/11/2008. In spite of repeated demands, they are delaying to vacate the building, which resulted in filing the suit.