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2018 Supreme(Ker) 450

George Chandi S/o George – Appellant
Versus
Beena – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. O.V. Maniprasad
For the Respondents: Smt. Geetha P. Menon, Sri. P.B. Krishnan, Sri. P.M. Neelakandan, Sri. P.B. Subramanyan

JUDGMENT :

The legal heirs of the original plaintiff, who died during the pendency of the suit came up with this Second Appeal challenging the reversal of the decree passed by the Munsiff's Court, Manjeri, dated 22.09.2006, in O.S.No.166/2003, by the Appellate Court (Subordinate Judge's Court, Manjeri) in A.S.No.51/2006 dated 19.02.2009.

2. The original suit was filed for recovery of possession of the plaint schedule shop room. The suit was decreed by the Trial Court granting a decree of recovery of possession of the plaint schedule building. It was reversed in appeal by the First Appellate Court and the suit was dismissed. Aggrieved by the said decree and judgment of the First Appellate Court, the plaintiffs came up with this appeal.

3. The dispute centered around Exhibit A1 document entered into by the parties, which, according to the plaintiffs, is only a licence deed, but, according to the defendants is a lease arrangement. Various clauses enumerated in Exhibit A1 were brought to the notice of this Court in support of the argument that it is a licence. Per contra, the defendants, based on the same clauses, claimed that it is a lease arrangement and the relationship is that of a le







































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