K.ABDUL SAMAD Vs. ST. PETERS CHURCH

JUDGEMENT

(1.) The above appeal is directed against the judgment and decree of the learned Single Judge dtd. 4/11/2022 decreeing the suit in CS.No.121/2003.

(2.) The defendants in the suit in CS.No.121/2003 are the appellants in the above Original Side Appeal preferred as against the judgment and decree dtd. 4/11/2022 in CS.No.121/2003, directing the appellants/defendants to vacate the suit premises and hand over vacant possession of the premises to the plaintiffs after removing all the constructions put up therein within three months and to pay past damages to the tune of Rs.1,75,000.00 for occupation of the property from 1/7/2002 to 31/1/2003 and to pay future damages at the rate of Rs.25,000.00 per month from 1/2/2003 till the date of handing over the vacant possession of the suit property.

(3.) The 1st respondent as plaintiff, filed the suit in CS.No.121/2003 against the appellants herein, who are the legal heirs of late Mr.K.N.Kutty representing the Estate of Mr.K.Muhammed Kutty. The 1st respondent / plaintiff in CS.No.121/2003, prayed for a judgment and decree directing the defendants to quit and deliver the vacant possession of the land after removing the superstructure put up by the defendants within the time to be fixed by the Court and to direct the defendants to pay the plaintiff Trust a sum of Rs.3,26,064.00 being past damages for wrongful use of property from 1/7/2002 to 31/1/2003 and to direct the defendants to pay the plaintiff Trust future damages at Rs.50,000.00 per month for the wrongful use and occupation of the property from 1/2/2003 till the date of delivery of vacant possession.