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2017 Supreme(Ker) 431

B.KEMAL PASHA
ABDUL LATHEEF – Appellant
Versus
T. T. JOY – Respondent


Advocates Appeared:
FOR THE APPELLANT : G. RAJAGOPAL, S. LEELALAKSHMI, N. RENJINEE DEVI
FOR THE RESPONDENTS: SIRAJ KAROLY, P. THOMAS GEEVERGHESE

JUDGMENT :

1. What is the nature of Exhibit-B3; whether it is an outright sale or a mere grant of licence?

2. If it is a licence, whether it is an irrevocable licence?

3. Can an irrevocable licence be transferred?

4. Whether the right created in favour of the 1st appellant through Exhibit-B3 is alienable?

2. The 2nd appellant is the son of the 1st appellant. The respondents are the plaintiffs and the 3rd defendant in O.S.No.330 0f 2008 of the Munsiff's Court, Perumbavoor. The appellants are defendants 1 and 2 in the suit. The appellants have come up with this second appeal by challenging the concurrent findings entered by the Munsiff's Court, Perumbavoor in O.S.No.330 of 2008, followed by those of the Subordinate Judge's Court, Perumbavoor in A.S.No.75 of 2010 and A.S.No.77 of 2010. A.S.No.75 of 2010 was filed by the present appellants; whereas A.S.No.77 of 2010 was filed by the 3rd defendant.

3. This Court has admitted this second appeal on the following substantial questions of law:

"1. When possession of the property is admittedly with the defendant, without seeking a relief of recovery of possession, could the declaratory reliefs of cancellation of document whereby possession was obta





























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