V.P.Surendran vs N.C.J.John on 22 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RSA.No. 549 of 2008()


1. V.P.SURENDRAN, PALAKULAM VELIYIL,
                      ...  Petitioner
2. OMANA SURENDRAN, PALAKULAM VELIYIL,
3. SUMESH, PALAKULAM VELIYIL,

                        Vs



1. N.C.J.JOHN, NEROTH HOUSE
                       ...       Respondent

                For Petitioner  :SRI.G.SUKUMARA MENON

                For Respondent  :SRI.ROY CHACKO(CAVEATOR)

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :22/07/2008

 O R D E R
               K.P. Balachandran, J.
            ---------------------------
               R.S.A.No.549 of 2008
            ---------------------------

                     JUDGMENT

Defendants in O.S.No.826/04 on the file of the

Munsiff’s Court, Alappuzha, who are the appellants

herein, assails in this appeal the concurrent

decrees passed against them by the courts below

allowing recovery of possession in favour of the

respondent/plaintiff.

2. After advancing vehement arguments on the

merits of the case and probably, on being convinced

that this Court is of the view that no substantial

question of law arises for consideration in this

appeal and that the contentions are barred by res

judicata in view of the decree in O.S.No.584/04,

which has become final, counsel for the appellants

submits that seven months’ time may be granted to

the appellants to surrender vacant possession of

the scheduled building and that this Regular Second

Appeal be dismissed.

RSA 549/08 2

2. Inasmuch as there is no substantial question

of law that arises for consideration in this

Regular Second Appeal and in view of the submission

made as aforesaid by the counsel for the

appellants, which is not seriously opposed to by

the counsel for the respondent, provided, at least

damages for use and occupation is granted to the

respondent/plaintiff, I dismiss this Regular Second

Appeal with the following directions:

Appellants shall be entitled to continue in

occupation of the scheduled building for a term of

seven months from today, in case an amount of

Rupees ten thousand is deposited positively within

one week from today for payment to the respondent

by way of damages for use and occupation of the

scheduled premises and similarly, another amount of

Rupees thirty thousand within a further period of

three months therefrom. In the event of failure to

deposit the amounts as aforesaid either within the

said period of one week or within the further

RSA 549/08 3

period of three months, as the case may be, the

respondent shall be entitled to execute the decree

and to have recovery of vacant possession of the

scheduled building from the appellants/defendants

and in that event, the respondent/plaintiff shall

also be entitled to the entire execution costs that

may be incurred by him.

22nd July, 2008 (K.P.Balachandran, Judge)
tkv