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HIGH COURT OF KERALA
M.A. ABDUL HAKHIM, J
KARUNAGAPPALLY COIR VYAVASAYA CO-OPERATIVE SOCIETY LTD. NO. 3067 – Appellant
Versus
SANKARAN NAMBOOTHIRI RAMACHANDRAN NAMBOODIRI, SANKARAN NAMBOOTHIRI AMPADI, MADHAVAN VASU, KUMARAN VASAVAN, P.J.DEVASSY CARDOZ – Respondent
| Table of Content |
|---|
| 1. arguments regarding the nature of the agreement as lease or license. (Para 10 , 12 , 16) |
| 2. court's interpretation of the agreement and its implications. (Para 11 , 13 , 14) |
| 3. legal standards for eviction and injunctions in lease agreements. (Para 17 , 19 , 20 , 21) |
| 4. final ruling on the nature of the agreement and dismissal of the suit. (Para 22 , 23 , 24 , 25) |
JUDGMENT
1.The appellant is the 1st defendant in O.S.No. 377/1985 of the Munsiffs Court, Karunagappally. The suit was for a mandatory injunction to handover the plaint schedule property after demolishing the building therein after finding that the 1st defendant has only licence over the plaint schedule property for recovery of arrears of rent and notice charges of Rs.135/- and future ground rent at the rate of Rs.400/- per annum. The plaint schedule property is 6 cents of land in Sy. 458/A.B of Kulasekharapuram village and the building situated therein.
2. The plaintiffs are two brothers who derived the plaint schedule property from their mother, Lakshmi Antharjanam. The main averments in the plaint are to the effect that the dilapidated building in the plaint schedule property was sold to one Adv. Sivarama P
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