VAYALLAKATH MUHAMMEDKUTTY Vs. ILLIKKAL MOOSAKUTTY

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties.

(2.) The defendant in two suits being O. S. No. 633 of 1984 and O. S. No. 47 of 1985 filed in the Court of learned Munsif, Kozhikode, is the appellant in this appeal. The respondent instituted suit No. O. S. 47 of 1985 against the defendant appellant for a mandatory injunction restraining him from entering the suit premises by contending that the said defendant was given licence to run a hotel business in the suit premises for a prescribed period and such leave and licence having expired, defendant had been illegally carrying on the business of hotel in the suit premises belonging to the plaintiff. The other suit being O. S. No. 47 of 1985 was instituted against the defendant appellant for recovery of an amount of Rs. 4082/- being the balance licence fee and interest. The defendant appellant contested both the suits by contending that the defendant was not a licencee for running the plaintiff's hotel business but he was inducted as a tenant on payment of daily rent as stipulated. The defendant appellant also contended that he had regularly paid the rent which was revised from time to time and after adjusting the arrear rent against deposit lying with the plaintiff, the balance amount was tendered but plaintiff having refused the same, the plaintiff landlord was not entitled to claim any interest on the outstanding arrears.

(3.) Both the said suits were analogously heard by the learned Principal Munsif, Kozhikode. By the common judgment dated April 3, 1986, the learned Munsif dismissed O.S. 633 of 1984 on a finding that the defendant was a tenant in respect of the suit premises and hence case for eviction of a licencee must fail. The learned Munsif, however, decreed the other suit namely O.S. No. 47 of 1985 in part and passed a decree for recovery of a sum of Rs. 1472/- as arrears of rent with interest at 6% per annum from the date of decree till payment. The plaintiff unsuccessfully challenged the said decrees in the Court of the learned Subordinate Judge, Kozhikode in A.S. No. 150 and 151 of 1986. By a common judgment dated 28-11-1990 the appellate Court dismissed both the said appeals.