MARY ELIZAABETH, Vs. SHOBA,

JUDGEMENT

(1.) THESE appeals and cross -objections are directed against the judgment and decree, dated 17.1.2012 passed by the Court of the III Additional City Civil Judge (CCH -25), Bangalore in O.S.No.2402/2009 and O.S.No.2403/2009.

(2.) THE parties are referred to as per their ranks in the suit proceedings. Both the appeals and the cross -objections therein arise from the identical judgments passed in O.S.No.2402/2009 and O.S.No.2403/2009. The narration of the facts is with reference to O.S.No.2402/2009.

(3.) THE respondent plaintiff filed the suit seeking the relief of mandatory injunction directing the appellant defendant to place the plaintiff in possession of the suit schedule property for the recovery of arrears of licence fees, etc. The respondent purchased the suit schedule property on 30.3.2001 from Amalgamated Property Developers. The parties are family friends. The plaintiff first claimed that the defendant is a tenant and thereafter accepted the defendant's version that the defendant is a licencee. On the failure of the defendant to vacate the schedule premises, the plaintiff filed the suit.