BAI HANIFA JUSAB Vs. MEMO DADA A GANI

JUDGEMENT

(1.) An important question regarding the revocability of licences arises in this second appeal filed by the appellant-defendant against the respondent-plaintiff from a judgment of the Assistant Judge Rajkot District at Gondal.

(2.) The appellant is the divorced wife of the respondent. There was one issue of the marriage between the respondent and appellant by name Mohammed Amin. In the year 1955 proceedings were started by the appellant for the maintenance of the minor Mohammed Amin. On July 3 1958 at an appellate stage in these proceedings an agreement was arrived at between the appellant and the respondent. Since a number of points arising in this second appeal revolve round this agreement it is necessary to refer to the terms of this agreement in some detail. This agreement is in the Gujarati language. This agreement is in the form of a writing addressed by the respondent to the appellant and the recital mentions that the terms of the agreement arrived at between the appellant and the respondent in settlement are as set out in the agreement. Clauses I to 4 of this agreement are as follows:- *** *** *** *** These relevant terms rendered into English would read as follows:-

(3.) The appellant did not hand over possession of the room as required by the notice. In these circumstances on November 25 1959 the respondent filed a suit in the Court of the Joint Civil Judge (Junior Division ) Gondal being Civil Suit No. 266 of 1959 praying for possession of the room and also for the movable properties that the respondent had given to the appellant. The appellant filed her written statement contending that the plaintiff was not entitled to evict her from the room as the same was not given to her on any agreement of leave and licence. She further contended (on the assumption of a licence) that the respondent was not entitled to have her evicted so long as he did not make a will of his property or divided the property. She submitted that the respondents suit should be dismissed with costs.