RAVIKUMAR, S/O.DAVID, RAVI KIRAN, NEETHI NAGAR, PEROORKADA VILLAGE, THIRUVANANTHAPURAM Vs. D. PURUSHOTHAMAN S/O. DAVID, VP III/744, SOBHA BHAVAN, MANIKANTESWARAM P.O., THIRUVANANTHAPURAM

JUDGEMENT

(1.) Challenging the concurrent findings entered by the First Additional Munsiff's Court, Thiruvananthapuram in O.S.No.1230/2007, followed by those of the Principal Subordinate Judge's Court, Thiruvananthapuram in A.S.No.133/2008, the plaintiff in the suit has come up with this second appeal.

(2.) The suit is one for recovery of possession based on title, for a decree of perpetual injunction and for realisation of arrears of rent. Relief (A) has been sought for as follows:

(3.) The plaintiff and defendant are direct brothers. According to the plaintiff, the plaint schedule property having an extent of 13 cents and a building thereon was purchased by the plaintiff through Ext.A1 sale deed from one Kunjan. The same is out of a larger extent of 1 acre and 67 cents of property devolved on Kunjan through Ext.B18 gift deed. Ext.A1 is dated 15.5.1996. It is the case of the plaintiff that the defendant, who is the brother, had no place of abode, whereby the defendant approached the plaintiff and sought for the building in the said property on lease. Accordingly, the plaintiff rented out the building to the defendant, allegedly on an oral arrangement on a monthly rent of ? 100.00.