RAJU POOJARY Vs. ELIAS QUADRAS

JUDGEMENT

(1.) This matter is listed for admission and I have heard the learned counsel for the appellant and learned counsel for the respondent No.2.

(2.) The factual matrix of the case of the plaintiffs before the Trial Court is that the plaintiffs have jointly purchased the suit schedule property i.e., shop room along with immovable property bearing Sy.No.16/33 measuring 0.29 acres situated at Marpady Village as per registered sale deed dtd. 7/7/2014. It is also the case of the plaintiffs that the defendant is the licensee under the plaintiffs' vendor in respect of the suit shop room and immediately he terminated the license of suit shop room by giving notice dtd. 7/7/2014 and the defendant did not vacate the premises and hence, he has claimed the mesne profits at the rate of Rs.2,000.00 per month from the date of termination of license.

(3.) In pursuance of the suit summons, the defendant appeared and filed the written statement contending that the plaintiffs are not the owners of plaint 'A' schedule premises and they have no right to terminate the license. The defendant is not the licensee under the vendor of the plaintiffs in respect of suit schedule premises. The vendor has no right to transfer the suit schedule premises in favour of the plaintiffs. The suit schedule premises exists in the government land. Therefore, no cause of action arises for filing of this suit. Hence, the suit requires to be dismissed.