M.SAIDALI Vs. DISTRICT LIBRARY COUNCIL, KOZHIKODE

JUDGEMENT

(1.) THE 4th defendant in O.S.No.732/2000 before the Additional Munsiff Court -II, Kozhikode is the appellant. The predecessor in interest of the plaintiff in the suit let out four pieces of land to four different persons for erecting bunk shops as evidenced by Exts.A1 to A3. Even after the period of licence, they continued their possession and the plaintiff continued to receive licence fee. A suit was laid for surrender and possession of premises after the termination of the period of licence and after issuing notice to them.

(2.) THE defendants resisted the suit. We are mainly concerned with the contentions raised by the 4th defendant who is the appellant before this Court. The main objection raised by the 4th defendant was regarding the competency of the plaintiff to lay the suit and the right of the person who is representing the plaintiff to do so. It is pointed out that the arrangement under which the land was taken was a lease arrangement and therefore, unless the lease is properly terminated, suit cannot lie. It is also contended that the alleged purpose for which the surrender of land is sought for is not bonafide and it is only with the purpose of evicting the defendants from the property. On the basis of the above pleadings, he prayed for dismissal of the suit.

(3.) THE trial court, based on the allegations and the contentions in the plaint as well as the defence set up by various defendants, raised necessary issues for consideration. The evidence consists of the testimony of PW1 and the documents marked as Exts.A1 to A9 from the side of the plaintiff. The defendants examined DWs 1 to 3 and had Exts.B1 to B29 marked.