GAJRIBEN CHIMANLAL BHUKHANDAS Vs. KANTILAL UTTAMRAM CHEVLI

JUDGEMENT

(1.) Shri S.H. Sanjanwala, learned counsel for the appellants and Mr.Mehul Sharad Shah, learned counsel for the respondent.

(2.) The appeal arises out of the judgment and decree dtd.14/12/1988 passed by the Assistant Judge, Surat in Regular Civil Appeal No.40 of 1985 whereunder the learned appellate judge confirmed the judgment and decree dtd.30/11/1984 passed by the Joint Civil Judge (J.D.), Surat in Regular Civil Suit No.637 of 1983.

(3.) The appeal has been admitted for hearing the parties on 6/2/1989, on the following substantial question of law; Whether the courts below have materially erred in holding that the relationship between the appellants and the respondent was that of licensor and licensee and also erred in holding that the court had jurisdiction to entertain and decide the suit" The facts in nutshell are that the plaintiff filed the suit submitting inter-alia that one Chimanlal Bhukhandas was given licence to stay in the suit premises, the plaintiffs needs the premises and as he has revoked the terms of the licence, a decree be granted. His submission was that Chimanlal Bhukhandas had executed a writing in favour of the plaintiff on 4/11/1967 whereunder Chimanlal Bhukhandas admitted that the property in suit belongs to the plaintiff, he was already occupying the property under some grace shown by the plaintiff, but from the date of the writing / agreement, he would continue to hold the property as a licensee.