PARANTHILLATT ABOOBACKER HAJI Vs. K. E. N. AHAMMED

JUDGEMENT

(1.) The 1st defendant in OS No.41/2004 of the Munsiffs Court, Kuthuparamba, against whom the suit was decreed in terms of the plaint, preferred AS No. 105/2009 before the Subordinate Judge's Court, Thalassery. The lower Appellate Court also concurred with the findings entered by the Trial Court and dismissed the appeal with costs. It has to be noted that OS No. 9/2000, which involves the question of title, was also jointly tried along with OS No. 41/2004.

(2.) OS No. 9/2000 filed by one Ramesh Babu, against one Majeed as the 1st defendant, K.E.N. Ahammed as the additional 2nd defendant, and one Mayan as the additional 3rd defendant, was dismissed by the Trial Court. Challenging the said dismissal, the said Ramesh Babu had preferred AS No. 123/2009 before the lower Appellate Court. The 1st defendant in OS No.9/2000 also preferred AS No. 124/2009 before the lower Appellate Court. All the appeals stand dismissed. Presently, the 1st defendant in OS No. 41/2004 alone has come up in Second Appeal.

(3.) According to the plaintiff in OS No. 41/2004, he had purchased the property and the plaint schedule building from one Majeed, who is the 1st defendant in OS No. 9/2000, and the said Majeed had purchased the property from Ramesh Babu, who is the plaintiff in OS No. 9/2000. It is the case of the plaintiff that the present appellant is the tenant in respect of the building. When the plaintiff in OS No. 41/2004 wanted an order directing the present appellant / tenant to put him in possession of the scheduled building, he preferred RCP No. 55/2000 before the Rent Control Court, Kuthuparamba, on the grounds under S.11(2)(b), S.11(3) and S.11(4)(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965.