COCHIN PORT TRUST Vs. ACHUTHAN PILLAI AND CO.

JUDGEMENT

(1.) Plaintiff, the appellant, is the Board of Trustees of the Cochin Port Trust, represented by its Chairman. First defendant is a partnership firm, and defendants 2 to 9 are the partners.

(2.) The plaintiff leased a plot in the Willingdon Island, having an extent of 71.5 cents to the first defendant sometime in 1961. The first defendant put up certain structures and was using them as godowns. It is admitted case that for subleasing the premises, first defendant has to get the permission of the lessor and a levy, called sublease levy is payable by the lessee to the lessor. According to the plaintiff, during the period 1-6-1979 to 31-5-1980 the first defendant subleased the premises to M/s. Janatha Tea Traders (P) Ltd. unauthorisedly end without the permission of the lessor, and as sublease levy, a sum of Rs. 21, 739/14 is due to the plaintiff. It is to recover that sum together with interest, the suit is filed.

(3.) The main contention is that there was no sublease, but during the period the Janatha Tea Traders (P) Ltd. was given warehousing facilities only, and the arrangement was that the first defendant shall continue in possession of the premises and Janatha Tea Traders were allowed to store their goods under the exclusive control of the defendants, and for such an arrangement, no sublease levy is payable.