Judgment :-

Ganguly, J.

1. Leave granted.

2. The subject matter of challenge in this proceeding is the judgment and order dated 21.02.2006 whereby the learned Judges of the Division Bench held that the controversy in this case is covered by the Division Bench judgment of Kerala High Court in O.P. No.18225 of 1997, P.A. Kuruvila and others Vs. State of Kerala decided on 15.12.1999 and also by another decision of the High Court in Abdulrahiman Vs. Tirur Municipality 2001 (2) KLT 716. In the judgment of the learned Single Judge of the High Court dated 8.7.2004, from which appeal was taken to Division Bench, the learned Single Judge also dismissed the writ petition by referring to certain judgments. In paragraph 5 of the judgment of the learned Single Judge it was held that looking at the nature of the arrangement between the parties it has to be held that it is a lease despite a different nomenclature being given to it.

3. However, before this Court the matter has been argued at length. After hearing learned counsel for the parties the controversy between the parties appears to be that the appellant is an Association of New Bus Stand Shop Owners and they are occupying various shops and