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2017 Supreme(Ker) 115

B.KEMAL PASHA
LIONS CLUB OF THRIKKAKARA – Appellant
Versus
GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA), A BODY INCORPORATED UNDER THE TOWN PLANNING ACT – Respondent


Advocates Appeared:
FOR THE APPELLANT : SRI. S. VINOD BHAT, SRI. LEGITH T. KOTTAKKAL, SRI. BASIL MATHEW
FOR THE RESPONDENTS: SRI. ABDUL HAKHIM M.A.

JUDGMENT :

(1) What are the circumstances in which a licence can become irrevocable?

(2) Can a licence be made irrevocable on agreement of parties?

(3) Whether Section 62 is subject to the provisions contained in Section 60 of the Indian Easements Act, 1882?

These are the main questions arise for consideration in this Second Appeal.

2. Challenging the judgment and decree passed by the II Additional Sub Court, Ernakulam in A.S. No.41/2012, the plaintiff in O.S. No.860/2010 of the II Additional Munsiff's Court, Ernakulam has come up in Second Appeal.

3. Suit is one for perpetual injunction restraining the defendant and his men and agents from dispossessing the plaintiff from the plaint schedule property, demolishing the community hall constructed therein and doing anything detrimental to the rights of the plaintiff over the plaint schedule property. The plaintiff is the Lions Club, Thrikkakkara.

4. The trial court, after recording evidence and hearing either side, decreed the suit in terms of the plaint. Aggrieved by the judgment and decree, the defendant, Greater Cochin Development Authority (GCDA), went in appeal through A.S. No.41/2012. The lower appellate court, after hearing both sides
































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