C.K. RAFEEQUE Vs. V.U. ISMAYIL

JUDGEMENT

(1.) DEFENDANTS in O.S.No.277/1990 on the file of Munsiff court, Thalassery are appellants. Plaintiff is respondent. Respondent instituted the suit seeking a decree for injunction. Plaint schedule property is a shop building in R.S.No.18/1 of Thalassery village. It admittedly originally belonged to Kumbakaroth Koran. According to respondent, under Ext.A1 assignment deed, he purchased the property on 7.2.1973 and the upstair portion of building which consists of two rooms and a common verandah was rented out to Kunnoth Branch of Indian Union Muslim League on a monthly rent of Rs.50/ -. According to respondent, monthly rent was paid upto August 1989 and thereafter Muslim League Committee surrendered possession of the building in November, 1989 and there was a fire in the building whereunder portion of the roof including windows and doors were destroyed. Contending that respondents who are office bearers of Sunni Students Federation and Sunny Yuvagana Sangh have no right over the property and attempted to trespass into the property, a decree for injunction was sought for. Appellants in their written statement contended that building 2/63 in the upstair was taken on rent by the President and Secretary of S.Y.S on a rent of Rs.7/ - in 1969 from Kumbakkoroth Koran and since then they are in possession of property and therefore respondent is not entitled to the decree in respect of that portion of the building.

(2.) LEARNED Munsiff on the evidence of PWs.1 to 4, Exts.A1 to A2(e) DWs.1 and 2 and Exts.B1 to B5 and Exts.C1 and C2 granted a decree in favour of respondent finding that appellants are not tenants as claimed and they have no right over the building and the rooms are in the possession of respondents. Appellants challenged the decree and judgment before Sub court, Thalassery in A.S.219/1992. Learned Sub Judge on reappreciation of evidence confirmed the findings of learned Munsiff and dismissed the appeal. It is challenged in the second appeal.

(3.) LEARNED Counsel appearing for appellants was heard.