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2013 Supreme(Kar) 1431

K.N.KESHAVANARAYANA
Sunil Kumar Nirani – Appellant
Versus
Vasavadatta Cement – Respondent


Advocates:
Advocate Appeared:
For Appellant : Smt. Jayashree M. Biradar
For Respondents: N.B. Diwanji

JUDGMENT :

K.N. Keshavanarayana, J.

1. This appeal is by the plaintiff in O.S. No. 179/2008 and sole defendant in O.S. No. 103/2011 on the file of Civil Judge, Sedam, and is directed against the concurrent judgment of the Courts below dismissing the suit filed by him for perpetual injunction and decreeing the suit of the respondent-plaintiff and directing the appellant to quit and delivery the vacant possession of shop No. 4 situated in Vasavadatta Cement Factory Colony, Lakshminarayan Nagar, Sedam, to the respondent-plaintiff. There is no dispute that the appellant was the licensee in respect of shop in question on monthly licence fee at Rs. 2,000/-. The appellant apprehending that he is likely to be dispossessed forcibly without recourse to law, filed the suit in O.S. No. 179/2008 seeking relief of perpetual injunction against the respondent-plaintiff and others restraining them from dispossessing him from the suit schedule shop except under due process of law. Subsequently the respondent-plaintiff instituted the suit in O.S. No. 103/2011 seeking ejectment of the appellant from the suit schedule shop, contending that licence granted to the appellant-defendant has been terminated in




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