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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE A. BADHARUDEEN, J
G. Viswanathan – Appellant
Versus
Abraham Salamma W/o. T.V Abraham – Respondent
JUDGMENT :
This regular first appeal has been filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 [hereinafter referred as ‘CPC’ for short], challenging the decree and judgment dated 31.07.2015 in O.S. No.211/1992 on the files of the Sub Court, Kottarakkara. The appellant herein is the defendant and the respondents herein are the plaintiffs in the above suit.
2. Heard the learned senior counsel for appellant and the learned counsel appearing for the respondents, in detail. Perused the verdict under challenge, the records of the trial court and the decisions placed by both sides.
3. Parties in this appeal shall be referred with reference to their status before the trial court, hereafter.
4. The plaintiffs instituted this suit for recovery of possession of plaint A schedule property with vacant possession of plaint B schedule temporary cinema theater and for realization of Rs.48,200/- towards compensation for use and occupation of plaint B schedule item till the date of the suit and Rs.1,500/- per mensum from the date of suit till recovery of possession. The plaintiffs also sought the relief of mandatory injunction directing the defendant to remove the
The distinction between lease and license was upheld, confirming that the defendant was a licensee without protection under the Kerala Land Reforms Act.
The court established that an arrangement characterized as a lease cannot be contested as a license, impacting the right to recover possession, which necessitates a suit for recovery rather than a ma....
Determination of lease vs licence hinges on the parties' intent and statutory interpretations concerning commercial properties, affirming precedent.
The distinction between a license and a lease is determined by the intention of the parties, as reflected in the deed, rather than merely the possession of the property.
The determination of whether an agreement constitutes a lease or license depends on various factors including intention, exclusive possession, and specific terms within the agreement.
The substance of the agreement, the intention of the parties, and the nature of the rights granted are crucial in determining whether an agreement creates a lease or a license.
A party cannot introduce a new defense in appeal without prior pleading. Defenses must be substantiated by evidence to be accepted.
Owner of immovable property on termination of license is entitled to maintain suit for mandatory injunction against licensee to vacate property.
A valid notice to quit under Section 106 of the Transfer of Property Act is mandatory to terminate a tenancy, regardless of original lease terms dispensing with such notice.
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