SREEDHARAN ERADY Vs. SREEDHARAN

JUDGEMENT

(1.) This is an appeal by the defendant. The suit was based on a licence. Plaintiff submitted that a licence was granted to the defendant for using the shop room for a particular purpose. Ext. Al is the deed of licence. A reading of this document would make it clear that parties intended to create a relationship of a licensor and a licensee. After issuing a notice Ext. A2, the plaintiff filed the present suit. Ext. A2 is dated 4-6-1979. The suit was instituted on 26-11-1979. The suit is framed as one for perpetual injunction restraining the defendant or his men from entering into the plaint schedule property.

(2.) The Trial Court, after considering the evidence adduced in the case, decreed the suit. The defeated defendant filed an appeal. The appellate court considered the evidence in the case and confirmed the judgment and decree of the Trial Court. Now, the defendant appeals.

(3.) The chief questions that have to be considered in this appeal are: