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2017 Supreme(Online)(Guj) 20

GUJRAT HIGH COURT
Shri Amar N. Bhat, J
Kantaben W/o Kantilal Naran-Das Desai v. Sarojben Jashubhai Patel


Advocates:
For the Appellants/Petitioners: Shri Amar N. Bhat
For the Respondents: None

Table of Content
1. the court misinterpreted agreements. (Para 1 , 3)
2. intention must be inferred from documents and conduct. (Para 2 , 4 , 5)
3. jurisdiction and unresolved issues affect decisions. (Para 6 , 7 , 8 , 9)
4. possession context determines license versus lease. (Para 10 , 11)

1. The present First Appeal is filed by the Appellant / Original Plaintiff being aggrieved with the impugned judgment and order in Civil Suit No. 5440 of 1985 by the City Civil and Sessions Court, Ahmedabad dated 31.3.1992 dismissing the suit filed by the Plaintiff on the grounds stated in the memo of Appeal inter alia that the court below has misread and misinterpreted the agreement dated 1.4.1972. The court below has erred in holding that it has no jurisdiction to try and decide the suit except Issue No.1 that the deceased Dhirajben was a licensee or not. The court below has misread the agreement dated 1.4.1972 and also erred in ignoring Clause Nos. 1 and 4 reading without other clauses to arrive at the conclusion that the agreement is not a rent note or license. The court below having observed that Ambalal Maneklal Parikh had expired in 1978 and fresh agreement of leave and license at Exh.82 was e














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