SIVALINGAM Vs. GILLES MARIDASSOU

JUDGEMENT

(1.) The petitioner/first defendant in O.S.No.2252 of 2014 on the file of the learned I Additional District Munsif, Puducherry filed an application under Sec. 151 CPC r/w. Sec. 35 of Indian Stamp Act to cancel the marking of license agreement dtd. 1/1/2002 as Ex.A1 and reject the document for impounding and collection of stamp duty and penalty. The Trial Court dismissed the said petition by order dtd. 26/3/2024. Against which, the present civil revision petition is filed.

(2.) For the sake of convenience, the parties are referred to as per rankings in the suit.

(3.) The petitioner is the first defendant in the suit and the respondents 2 and 3, who are the sons of the petitioner, are the defendants 2 and 3 in the suit. The first respondent herein is the plaintiff in the suit. The suit is for a direction to vacate the defendants and hand over possession of the schedule mentioned property by way of mandatory injunction. The case of the plaintiff is that he is the absolute owner of the suit property and he licensed it to the first defendant under license agreement dtd. 1/1/2002 for a period of 11 months, ending on 30/11/2002, for temporary accommodation of his business of sale of antique furniture in the name and style of 'Kathiravan Furniture'. The first defendant undertook to pay a sum of Rs.55,000.00 as license fee for the license period i.e., Rs.5,000.00 per month. Further, the first defendant paid a sum of Rs.1,00,000.00 as security deposit. Though the license was to terminate on 30/11/2002, the first defendant was allowed to continue to do business in the suit property, orally for every 11 months, the license was periodically renewed. Finally on 1/12/2012, it was extended upto to 30/10/2013. The license fee was increased from time to time and fixed at Rs.35,000.00 per month. The plaintiff's contention was that structure and stability was deteriorating and the building was becoming inhabitable and hence, he requested the first defendant to look out for alternate accommodation. The first defendant shifted his business to the new address at No.7, Subbiah Salai, Puducherry in and around 2012. When the plaintiff was looking forward to hear from the first defendant regarding paying the license fee arrears and handing over vacant possession of the suit property, the plaintiff received summons in O.S.No.529 of 2014 from the learned Principal District Munsif, Puducherry. This suit was filed by the defendants 2 and 3, namely, sons of the first defendant, for permanent injunction against the plaintiff and his wife. The defendant 2 and 3 propounded a new story as though the plaintiff had orally leased out the suit property to them on a monthly rent of Rs.16,000.00 per month and they have paid an advance of Rs.3,00,000.00 and they are running the business in the suit property for the last 13 years commencing from February 2003. The plaintiff's contention is that absolutely there is no privity of contact between the plaintiff and the defendants 2 and 3. The plaintiff at no point of time leased out the suit property to the defendants 2 and 3. The plaintiff found that the defendants 2 and 3 created false and fabricated documents for illegal squatting on the premises. The plaintiff caused a legal notice dtd. 30/8/2014 to the defendants to vacate and handover possession of the suit property and thereafter, filed the suit. The suit was contested by the defendants 2 and 3 who filed their written statement. As regards the first defendant summons could not be served. The defendants 2 and 3 failed to furnish the address of their father/first defendant and the case was kept pending for completion of service. Finally, I.A.No.1054 of 2016 filed and paper publication effected, thereafter the first defendant was set exparte on 3/1/2017. The first defendant filed a petition in I.A.No.173 of 2023 on 3/1/2024, exparte order was set aside and thereafter, he participated in the trial. The plaintiff was cross examined elaborately by the first defendant on 20/2/2024 and 22/2/2024, on 22/2/2024 I.A.No.10 of 2024 filed to cancel the marking of license agreement dtd. 1/1/2002, Ex.A1 and on its dismissal, the present revision petition is filed.