K. M. ABDULRAHIMAN Vs. AYYAPPALI MUHAMED HAJI

JUDGEMENT

(1.) This appeal presents a recurring facet of an oft familiar controversy whether the first appellant herein is a lessee or a tenant.

(2.) The respondent filed a suit for a preventive and mandatory injunction. He wanted the court to decree that the appellants should remove the articles stored in a shop room which according to the respondent is occupied by the appellants as licensees. The appellants contended that their occupation of the shop room is on the basis of a lease and so, the suit is not maintainable.

(3.) The Trial Court assessed the evidence and circumstances emerged in the case construed the document evidencing the transaction and found that the contention raised by the appellants is valid and so, dismissed the suit. The plaintiff appealed. The appellate court did not agree with the Trial Court. It reversed the judgment and decree of the Trial Court and allowed the appeal. It decreed the suit, Now, the defendants appeal.