GEETHA VARMA Vs. V K AMMINIKUTTY NAMBISHTATHIRI AMMA

JUDGEMENT

(1.) Plaintiffs are the appellants. They filed the suit for partition arid recovery of possession of their share in the plaint schedule property .Late Ravi Varma and defendants 1 to 6 are the children of Kunhi Pillai Nambishtathiri Amma. The suit property belonged to Kunhi Pillai Nambishtathiri Amma. The suit was originally filed for a declaration that Ext. A-4 licence executed in favour of the predecessor of the 7th defendant stood terminated and also for a direction to the 7th defendant to return the property after demolishing the buildings and other structures constructed by him and his predecessors.

(2.) First plaintiff is the widow of late Ravi Varma. Plaintiffs 2 and 3 are their children. Esso Standard Eastern Incorporated is the predecessor of Hindustan Petroleum Corporation Limited. Licence was granted over the western portion of the property in favour of Thattil Agencies as per Ext.A-1 dated 7-4-1954 by Kunhi Pillai Nambishtathiri Amma. Eastern portion was given as per Ext A-2 dated 14-8-1961 to Standard Vaccum Oil Company. The position covered under Ext.A1 licence was . surrendered by licensee as per Ext. A-3 dated 22-9-1970 in favour of the children of Kunhi Pillai Nambishtathiri Amma. The period of licence to Standard Vaccum Oil. Company expired and the licensor got possession of the entire property. It is thereafter that Ext. A-4 licence was granted by the licensor to Esso Standard Eastern Incorporated (predecessor of the 7th defendant). Licence fee for the first five years was Rs.750/- per month and for the next five years Rs. 900/- per month. The period expired on 30-9-1980. The suit was filed on 29-11-1980.

(3.) 7th defendant contested the suit contending inter alia that though Ext.A-4 is styled as a deed of licence it is really a lease and therefore as per Esso (Acquisition of Undertakings in India) Act, 1974 the 7th defendant is entitled to have renewal of the lease for a further period of seven years. It is also contended that the 7th defendant is entitled to the benefit under S.106 of the Kerala Land Reforms Act.