CHANDRA KISHORE AND ANR. Vs. DHARMENDRA MOHAN CHAUDHRI

JUDGEMENT

(1.) CERTIFIED copy of the judgment and order of the Trial Court dated 10.05.2007 has been filed today along with supplementary affidavit. The same is taken on record. These two appeals have been filed by the same Appellant against the same judgment. Both are being heard and decided together by means of this common order.

(2.) THESE are Plaintiff's second appeals. He filed Original Suit No. 298 of 1998 seeking permanent injunction restraining the Defendant from evicting the Plaintiff from the property in dispute except in accordance with law. A counter claim was filed on behalf of the Defendant categorically stating that the Plaintiff was a licensee of the premises in question, his license was revoked and, therefore, a decree may be passed for his eviction. The Trial Court framed as many as 12 issues and after considering the evidence and the contention raised, recorded a categorical finding that the Appellant before this Court was not a licensee. However with regard to counter claim of the Defendant, it was held that the decree for eviction cannot be granted by the Trial Court. Not being satisfied, two appeals were filed, one by the Plaintiff and the other by the Defendant being Appeal No. 24 of 2007 and No. 36 of 2007. Both the appeals were clubbed together. The Appellate Court has held that the Plaintiff was only a licensee and his license has been revoked. The relief of eviction could be granted against the Plaintiff on the counter claim filed by the Defendant. Accordingly the appeal filed by the Defendant has been allowed while that filed by the Plaintiff has been dismissed.

(3.) ON a reading of the aforesaid judgment, it is apparently clear that the Hon'ble Supreme Court has categorically laid down that the issues as to whether a person is a lessee or a licensee has to be determined on the facts of each case depends on the issue has to be examined in each case and there can be no hard and fast rule for declaring relation either as licensee or lessee. It has been held that the intention of the parties is relevant.