JUDGMENT

Defendant in O.S.No.256/2001 on the file of the Additional Munsiff's Court-II, Kozhikode is the appellant. This appeal is directed against the judgment and decree in A.S.No.34/2006 on the file of the IInd Additional Sub Court, Kozhikode. The suit was filed for mandatory injunction, arrears of license fee and damages for use and occupation. The trial court decreed the suit. The Appellate Court confirmed the judgment and decree of the trial court. Hence, this Second Appeal.

2. It is the plaintiffs' case that plaint A schedule property along with B schedule movables therein belonged to Korukutty, the father of the plaintiffs. After the death of Korukutty, the legal heirs instituted O.S.No.261/01 for partition of his assets including the plaint schedule properties. In the preliminary decree passed the court below allowed 1/7 share to the plaintiffs and 1/7 share to their mother. In the final decree stage, the plaintiffs and their mother were appointed as joint Receivers. The appellant was permitted to occupy the plaint schedule property and use B schedule movables under licence agreement in 1997. An amount of Rs.200/- per day was fixed as licence fee. The 3rd item of A schedule