TULSIBHAI KHUSHALBHAI PARMAR Vs. MOHANLAL RATILAL PARMAR

JUDGEMENT

(1.) THIS petition arises against an order dated 4th January, 2011 passed in P.S.R.P. No. 11 of 2009 instituted under Section 41 of the Presidency Small Causes Courts Act, 1882 (for short the Act ) by the respondent for possession of the suit property on termination of license granted by the respondent to the petitioner.

(2.) LEARNED trial Judge, after hearing the parties and considering the evidence on record, issued a possession warrant against the petitioner under Section 43 of the Act. Petitioner was also directed to pay Rs. 2000/ - per month as usage charges to the applicant, till the possession is handed over to him. Aggrieved, the petitioner is before this Court.

(3.) AN agreement was entered into between the parties on 4th September, 2007 for leave and license of the suit property, wherein admittedly, the petitioner was permitted to use the property for 11 months and 29 days.