HOTEL TRIDENT Vs. ARIF SULTHAN

JUDGEMENT

(1.) Ext.P10 is the order under challenge in this original petition. It was passed by the learned Additional District Judge (Vacation Judge) on I.A No.1877 of 2017 in O.S No.385 of 2016 pending before the Additional Munsiff's Court - II, Kochi.

(2.) Heard the learned counsel for the petitioner and the learned counsel for the respondent.

(3.) Respondent is the plaintiff in the above suit. Suit is for permanent prohibitory injunction against forcibly evicting him from plaint schedule shop room. Admittedly, the plaint schedule shop room is one of the rooms situated in the ground floor of Tridant Hotel, who is the petitioner herein. Case of the petitioner is that the respondent is only a licensee occupying a portion of the hotel premises by virtue of Ext.P1 license agreement. The respondent/plaintiff claims to be a tenant. This question has to be resolved by considering the stipulations in Ext.P1 with reference to the binding precedents on the point.