KOLARI NATHAN PARAMBU CHATHU Vs. VAZHAYIL SIVADASAN

JUDGEMENT

(1.) Heard the learned counsel for the appellants/defendants and 1st respondent/plaintiff.

(2.) This appeal arises out of the judgment and decree passed by the Court of Subordinate Judge, Kozhikode, in A.S.No.37 of 199 Original Suit No.750 of 1986 was filed before the Court of Munsiff-II, Kozhikode, for recovery of possession of plaint schedule property and for a mandatory injunction, directing the defendants to vacate the building. The trial court dismissed the suit. The plaintiff took up the matter in appeal before the lower appellate court. After reconsidering the entire issues, the learned Sub Judge partly decreed the suit. Recovery of possession sought for by the contesting respondent was granted and the mandatory injunction was declined.

(3.) The substantial questions of law raised at the time of admission are as follows: