A.K. SREELATHA Vs. CHERIYA CHAKALATHOPP THARAVAD WAKF

JUDGEMENT

(1.) This order shall dispose of four revision petitions; CRP No.220 of 2018 and CRP No.221 of 2018 against the common judgment and decree dtd. 20/12/2017 rendered in O.S No.38 and 39 of 2015 and CRP(Waqf) No.46 and 47 of 2023 against Waqf Original suit 1 and 2 of 2021 filed by the Jama-ath.

(2.) Since the parties are similar and common question of law involved, these matters are being disposed of together. Cheriya Chakalathopp Tharavad Wakq, plaintiff instituted two suits bearing No.38 and 39 of 2015 against Sri. K.Suresh and his wife A.K Sreelatha who had been in occupation of two shops each bearing Nos.20/294, 20/298, 20/ 297 and 20/299 on rent @ Rs.1000, 850, 550.00 and 400 respectively. The aforementioned suits were proceeded by legal notices dtd. 29/11/2014 directing the petitioners-tenants to vacate the premises. The said notices was duly replied by Ext.A7 dtd. 30/12/2014. It was averred that the aforementioned shops were taken on lease by the husband and wife from the predecessor interest of the plaintiff. The said shops were part of the residential building. The main building which housed the plaint schedule shop rooms is old and dilapidated one and therefore the building was required for demolished for raising a large commercial-cum-residential building. The said shop rooms abut NH 213 and adjacent to Kallai Railway Station much less surrounded by several important establishments like hospitals, Government offices, Commercial and industrial concerns. The other tenants had agreed to vacate the premises.

(3.) The respondent has specifically denied the whole contentions raised by the defendants in the reply notice including entrustment of the so called security amount of Rs.1,90,000.00 to the earlier landlord and clarified that the exchange deed executed between the plaintiff and Moosa Koya is a genuine and valid document but not a ruse to evict the defendants from the shop rooms.