J.B.KOSHY
Abdulrahiman – Appellant
Versus
Tirur Municipality – Respondent
J.B. Koshy, J
Petitioners are petty traders. They have taken on rent the shop rooms of first respondent Municipality. It is also stated in the Original Petition that they are in possession of the respective rooms for the past
several years. It is also stated in the Original Petition that first petitioner was holding the room Nos. 8 and 9 on a monthly rent of Rs. 573/- and 608/- which was subsequently enhanced to Rs. 678.60 and 729.60 respectively. With regard to the rent paid by others also details are mentioned in the Original Petition itself. Specimen copy of the agreement is produced as Ext. P1. In the agreement the arrangement is termed as licence. The rooms were constructed by the Municipality and the terms of the licence provided payment of a non-refundable premium and monthly rent. In paragraph 4 of Ext. P1 the word 'rent' is used. In paragraph 9(1) the amount is called as 'monthly licence fee rent.' In paragraph 8 it is stated as follows:
"8. To surrender vacant possession of the premises with fixtures and additions thereto and all the improvements, if any, effected by the licencee on the property without claiming or getting any compensation for the improvements so
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