KAILASH CHAND Vs. DEFENCE SERVICE OFFICERS INSTITUTE

JUDGEMENT

(1.) This regular second appeal is filed against the concurrent judgments of the courts below; of the trial court dated 7.2.2012 and the first appellate court dated 29.9.2012; which have dismissed the suit filed by the appellant-plaintiff for injunction with respect to the premises being shop no.4, Defence Services Officer's Institute (DSOI) Complex/DSOI Staff Quarters, Delhi.

(2.) The case of the respondent-defendant was that the appellant was a licensee and a licence deed was executed between the parties. The licence deed has been admitted by the appellant and proved on record as Ex.PW-1/D3. Once with open eyes appellant entered into a licence deed and which allowed him to run the shop for a limited timing from 9.00 AM to 5.00 PM, appellant is only a licencee and not a tenant.

(3.) The trial court has exhaustively dealt with the issue and referred to the Division Bench judgment of this Court in the case of D.T.T.D.C Vs. D. R.Mehra, 1996 62 DLT 234 as also the Full Bench judgment of this Court in the case of Chandu Lal Vs. Municipal Corporation of Delhi, 1978 AIR(Del) 174 which holds that the equitable relief of injunction cannot be granted to a licensee after his licence is terminated and in fact licensor is entitled to use reasonable force to remove the person who uses the licenced premises after termination of the licence. The relevant observation of the trial court are contained in paras 28 and 29 and which read as under:-