AYISSA UMMA Vs. AMI

JUDGEMENT

(1.) PLAINTIFF filed the suit alleging that the defendants are residing in his house as permitted by him and that they should be directed to vacate the premises. PLAINTIFF gifted his 1/3 right in the property as per ext. A-1 in 1968 to his sister (first defendant) and his brother. It is his case that as per Ext. A-6 surrender deed his sister and brother released their right to him and thus he become the absolute owner of the property. He permitted his sister to reside in the house along with her children. Defendants denied ext. A-6 surrender deed and contended that the first defendant has been residing in the building since her marriage. It is also contended that they follow mappila Marumakkathayam Law and that the plaintiff being the karanavan of the thavezhi has only fractional right in the property. Plaint allegation that the defendants are only licensees in also refuted.

(2.) THE Courts below rejected all the contentions of the defendants and held that they are only licensees. That being a finding of fact this Court cannot interfere with it. S. A. No. 695 of 1989. Decided on 23rd October, 198 9.

(3.) EVEN under the English law a suit for injunction to evict a licensee has always been held to be maintainable. In Thomson v. Park (1944-2-All. E. R. 477) it was held that as the plaintiff had revoked the licence and the defendant re-entered the premises as trespasser plaintiff was entitled to injunction. In Minister of Health v. Bellotti (1944-1-All. E. R. 233)injunction was granted against a licensee who was in possession after the termination of the licence. In that case it was held that the licensee was entitled to a reasonable notice so that he could collect his property and quit the premises. It was further held that though the notice in that case did not give reasonable time yet since by the institution of the suit, the licensee had sufficient time to vacate the premises injunction could be granted. Where a licensor approaches the Court for injunction within a reasonable time after the licencee is terminated, he cannot be denied of it