1. The Kerala State Road Transport Corporation-defendant in O.S. No.133 of 1975 of the Munsiff's Court, Pattambi is the appellant in the second appeal.

2. The suit was filed for recovery of fees for use of the bus stand, provided by the Panchayat. The plaintiff obtained the right to collect the fee for the period from 1-4-1975 to 31-3-1976. A demand made by him for the payment of fee under Ext. A1, notice dated 24-5-1975 was replied by the Corporation on 3-6-1975 under Ext. A2. That did not, however, disclose the definite stand on the part of the defendant either accepting the liability or denying the same. However, as no payment was forthcoming, the suit was instituted.

3. Various contentions were urged on behalf of the defendant. Having regard to the question of law formulated in the second appeal, it is not necessary to refer to all such contentions. Existence of a bus stand at Pattambi was admitted in Para.6 of the written statement. The fact that some of the buses of the defendant used to go to the bus stand and return therefrom was also admitted. However, according to the

Corporation, the Panchayat had taken a decision that in relation to such buses no fee was payab