SHIHABUDHEEN Vs. UMMER

JUDGEMENT

(1.) Defendant in O.S.No.58 of 2009 on the file of the Court of Munsiff, Manjeri is the appellant. The respondent is the plaintiff in the suit. The suit is one for recovery of possession of plaint C schedule property on the strength of plaintiff's title. Courts below concurrently found that the plaintiff has established his case and therefore, granted a decree against the defendant/appellant. Hence he is in appeal.

(2.) Heard the learned counsel for the appellant and the learned counsel appearing for the respondent.

(3.) Case of the parties in short is as follows: Plaint A schedule property originally belonged to Vellakkattu Mana in jenmam. In the year 1962, an oral lease was made in respect of that property to one Pulathu Showkath Ali. He constructed a tiled shed and started conducting a business. Thereafter, Showkath Ali transferred his lease hold right as per Ext.A1 document in favour of the plaintiff in the year 1995. Plaintiff is conducting a petty business in fruits, cold drinks, bakery items etc. He purchased jenmem right over the property through the Land Tribunal, Wandoor in suo moto proceedings No.79/1996. Ext.A2 is the copy of the purchase certificate. Ext.A3 is the certified copy of the order in SM 79/1996. Plaintiff, by virtue of these documents, claimed title over the property. There were two rooms in the building in plaint A schedule property. In the northern room, the plaintiff was keeping his merchandise and in the southern room he was keeping empty boxes and other waste materials.