C M BEENA Vs. P N RAMACHANDRA RAO

JUDGEMENT

(1.) The suit property is a shop situated on the ground floor of a building known as Woodlands Building on the M. G. Road, Ernakulam. The respondent filed a civil suit seeking issuance of mandatory injunction directing the appellants to hand over vacant possession over the shop to the respondent on the ground that the licence to occupy the suit premises was terminated. The trial Court directed the suit to be dismissed by recording a finding that one of the two appellants (who are father and son) was a tenant and not a mere licensee. The son was held to be a tenant and hereinafter he is being referred to as the appellant. The decree was maintained in first appeal. In the second appeal preferred by the landlord the High Court has set aside the judgments and decrees of the two Courts below and directed a decree as prayed for being passed. The defendant has preferred this appeal by special leave.

(2.) The building is a double storey building. On the upper floor the respondent is conducting hotel business. On the ground floor there are several shops. A photo of the building, produced for the perusal of the Court at the time of hearing, shows a number of shops in continuity located on the ground floor.

(3.) According to the respondent the premises in occupation of the appellant is a car parking place. As between the parties there exists a document dated April 1, 1981 executed by the appellant in favour of the respondent which is styled as a deed of licence. The document begins with a recital - "Whereas licensee is desirous of having the use of the premises for conducting a stationery shop in room.............. in Woodlands building intended as car parking space for lodgers at the time of construction". The next para states - "And whereas the licensor is willing to grant licence to the licensee in respect of the aforesaid room for the purpose of carrying on business in stationery goods as licensee of the premises."