JAYPEE HOTEL LTD. Vs. SHRI V.S. YADAV

JUDGEMENT

(1.) THE challenge by means of this first appeal under Order 43 Rule 1(r) of Code of Civil Procedure, 1908 (CPC) is to the impugned order of the Court below dated 14.10.2004 which allowed the respondent/plaintiff's application under Order 39 Rules 1 and 2 of CPC, and, in view of an earlier order dated 21.10.2002 in which it was stated that possession would be handed over of the suit premises to the respondent/plaintiff in accordance with and subject to the decision of the application being I.A. No.5196/01, therefore, possession of the suit premises was directed to be handed over to the respondent/plaintiff. It is not disputed before me that it is the I.A. No.5196/01 which was disposed of by the impugned order dated 14.10.2004.

(2.) THE facts of the case are that the appellant/defendant licenced out to the respondent/plaintiff a shop in the ground floor lobby of its hotel then known as Vasant Continental vide licence deed dated 1.11.1987. The licence granted under the document was for a period of 9 years and 11 months commencing from 1.11.1987, and the period therefore came to an end on 1.10.1997. After the expiry of the period of licence, the respondent/plaintiff continued to stay in the suit premises by paying month to month licence fee. The premises in question being a shop in the lobby of the hotel was to be used for selling of jewellery, books and periodicals etc. I may note that as per the statement of the respondent/plaintiff in the Court below it was agreed that licence deed dated 1.11.1987 was only a licence and no rights of a lessee was claimed in the suit premises by the respondent/plaintiff.

(3.) DURING the pendency of the suit, it appears that the appellant wanted to make renovations in the hotel and therefore the following order came to be passed on 21.10.2002: -