JUDGMENT :

The original petition has been filed challenging Ext.P3 order setting aside an ex-parte decree on terms. The original petition has been filed by the defendant contending that the condition to pay Rs.10 lakhs towards arrears rent/licence fee is onerous and should not have been imposed while setting aside an ex-parte decree.

2. According to the petitioner, the petitioner is put in possession of the plaint schedule building on the basis of Ext.P4 Licence Agreement. It is contended that even though the agreement is titled as a licence agreement, it is in fact a lease. The agreement says that there is a liability to pay a licence fee of Rs.1,40,000/-per month from 01.07.2015 onwards. The suit was filed for mandatory injunction and damages for occupation of the premises after the termination of the licence. Even though written statement was filed, the defendant/petitioner remained ex-parte and the suit was decreed ex-parte directing payment of a sum of Rs.23,20,078.85 as arrears of licence fee for the period till January, 2020 and a further direction to hand over vacant possession of the plaint schedule building to the plaintiff/respondent or his power of attorney holder. Ext.