MUSTHAFA Vs. ABDULIAKUTTY HAJI

JUDGEMENT

(1.) The common order passed in IA No.6/2024, and the issue of maintainability of counter-claim in OS No.206/2023 on the file of the Principal Sub Court, Palakkad (for short, 'the trial court') is under challenge in the above Original Petition and Civil Revision Petition.

(2.) I refer to the status of the parties hereunder as they are referred to in the suit, i.e., the plaintiff and the defendant.

(3.) The plaint schedule property comprising a shop room having a plinth area of 12,000 sq. ft situated on the ground floor of a shopping mall viz. Thappy's Mall at Court Road, Palakkad admittedly belongs to the defendant. It was taken on a license basis by the plaintiff from the defendant to run a supermarket as per the license deed executed between them on 26/4/2018 (marked as Ext.A1). The period of license was ten years w.e.f. 26/4/2018. The license fee initially agreed was Rs.3,50,000.00 per month with an enhancement @5% per annum. At present, the license fee per month is Rs.3,95,000.00. There is no dispute between the parties regarding their jural relationship and the rate of license fee.