1 This is an appeal by the first defendant. Suit was one for mandatory injunction and for damages. The court below has given elaborately with all details the facts of the case and the rival contentions of the parties. Nevertheless, for the purpose of disposing this appeal, I shall give a small resume of the facts.

2The plaint property, is an extent of 90 cents of land and the sheds thereon, except the temporary sheds belonged to Kanattuputhenveettil George alias Vakkachan, who died on 23-10-1971. Plaintiffs are the legal representatives of Vakkachan. There is no dispute in this case that plaintiffs have got title to the suit property. 1st defendant T. K. Jacob executed a document in favour of Vakkachan, which according to the plaintiffs, is a document of licence and according to the first defendant, is a document, evidencing a commercial lease. Being a commercial lease for 90 cents of property wherein the first defendant has constructed buildings before the crucial date, viz. 20-5-1967, it was contended that though the first defendant cannot claim fixity of tenure, plaintiffs are not entitled to recover the property and so they are not entitled to any relief in the suit.

3From the fa