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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
NADIR N – Appellant
Versus
SREEDEVI – Respondent
| Table of Content |
|---|
| 1. nature of suit for mandatory injunction regarding possession of property. (Para 1 , 2) |
| 2. arguments presented by both appellant's and respondent's counsel. (Para 3 , 4 , 5) |
| 3. court's determination on no substantial question of law. (Para 6 , 7) |
JUDGMENT
This appeal is by the defendant in a suit for mandatory injunction directing him to surrender vacant possession of the shop room scheduled in the plaint.
2. The plaintiffs sued the defendant for mandatory injunction directing the defendant to vacate the premises because of the expiry of the period of license under Ext. A1 agreement which was executed on 01.11.2013. The period of license was for 11 months and on expiry of the period of license, the plaintiffs demanded vacant possession which was refused by the defendant and hence the suit.
2.1. The defendant appeared and contested the suit contending that the plaintiff has no locus standi to institute the suit. Execution of Ext. A1 agreement was also disputed, and it was pointed out that the defendant was a lessee in respect of the premises from 2005 onwards and that the claim of the plaintiffs that the defendant is a licensee cannot be sustained. It was further conten
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