The license agreement for property use was revoked post-expiration, and the appellant is liable for unpaid rent; no rights under the Indian Easement Act, 1882 were established due to the nature of the license.

JUDGMENT :

H.P.SANDESH, J.

1. These matters are listed for admission. Heard the learned counsel for the appellant in the respective appeals. These two second appeals are filed against the concurrent finding.

2. The factual matrix of case of appellant before the Trial Court while seeking the relief of permanent injunction, it is contended that the defendant is the owner of the suit schedule property. The plaintiff is licensee of the said property by virtue of a license granted through written document dated 11.02.2015 for a period of 6 years that comes to an end on 11.02.2021 and he is running wood craft business in the scheduled property. As per the terms of license, the plaintiff constructed permanent structure of building in the suit schedule property for the purpose of wood craft business. It is also stated that monthly rent was at Rs.701/- and same will be enhanced from certain period and it is currently Rs.1,500/- per month. The defendant agreed that he would pay the cost of structure after the termination of license period or completion of license period, to the plaintiff. In view of the COVID-19 pandemic, the license period was orally enhanced by the plaintiff and the defendant. The plaintiff had paid the rent every month. It is also contended that defendant without any reason came to the suit property on 17.04.2021 with KEB person in order to cut down the electricity supply which would have been taken for the wood craft industry. The same was done in order to harass him and thereby to see that the plaintiff should vacate and handover the suit schedule property to the defendant. The plaintiff invested an amount of Rs.5,00,000/- in the wood craft business and due to COVID-19 pandemic, he had no earning in such one year period. The defendant without taking care of legal aspects gave pin prick to the plaintiff in order to harass him and hence, filed the suit seeking the relief of permanent injunction. In pursuance of the suit summons, defendant appeared and filed written statement denying the possession of plaintiff as tenant and also ownership to “Madani Wood Craft Business”, which was established in the scheduled property. The defendant admitted that there was a license amongst himself and plaintiff through an agreement dated 11.02.2015 and the same is an unregistered document and the same is covering the period for rent more than 11 months. Therefore, said document is of no legal consequences in the absence of registration as it is compulsorily registrable document.

3. The other contention is taken in the written statement that the structure which would left by the plaintiff is temporary. The plaintiff had continued his wood craft business at his property bearing panchayath property No.3588 of Santhebennuru Village and that too after the date 11.02.2021, the plaintiff has purposefully not produced the license in order to misguide the Court and said property is situated nearby the suit property. The plaintiff with an intention to gain wrongfully is avoiding and handing over the vacant possession of the suit property and remained in possession illegally. It is also contended that in terms of the agreement dated 11.02.2015, that structure put up by the plaintiff has to be left as it is to the defendant. The rate of rent was also enhanced to Rs.1,500/- from 11.02.2018 and the plaintiff paid Rs.3,000/- only on 15.05.2019. Thereafter, he had stopped the payment of rent on the mutual understanding that the rental amount has to be adjusted towards the cost of structure which would be left by the plaintiff. The plaintiff has also agreed to pay the rema