ELDHO Vs. MANUAL

JUDGEMENT

(1.) (1) Can the inclusion of a particular period or term for the operation of an agreement for licence be treated as contracting out

(2.) While matters were proceeding so, it seems that the relationship between the licensor and the licensee became strained. Even prior to the expiry of the term, the licensor had demanded the licensee to surrender vacant possession of the premises as well as the machinery. The licensee was not ready and willing to surrender possession of the crusher machinery or to surrender the subject matter of the licence prior to the expiry of the term. As the licensee had apprehended forcible eviction from the part of the licensor, the present suit as O.S. No. 235/09 was filed by the licensee as plaintiff before the Subordinate Judge's Court, Muvattupuzha against the licensor seeking a decree of prohibitory injunction for protecting the possession of the licensee.

(3.) The licensor, who is the original respondent herein contended that the licence was terminated through a mutual agreement between the licensor and the licensee, and that the terms were reduced into writing as Ext. B2. According to the respondent, an amount of Rs. 2 lakhs was arrived at as damages payable to the licensee for such premature termination along with the amount of security of Rs. 7 lakhs, and the same were paid by the licensor to the licensee through two cheques issued for Rs. 9 lakhs. At the same time, it is nobody's case that any such amounts were withdrawn from the Bank by the licensee at any point of time. The Trial Court has decreed the suit and granted a decree of prohibitory injunction as prayed for. Aggrieved by the same, the licensor preferred A.S. No. 78/2011 before the Additional District Court, Muvattupuzha. The learned Additional District Judge, after hearing both sides, allowed the appeal, set aside the judgment and decree passed by the Trial Court, and dismissed the suit through the impugned judgment