AHMED R V PEERMOHAMED Vs. J B CHINAI

JUDGEMENT

(1.) HEARD advocates for the plaintiff and defendant. Plaintiff is the tenant of the suit premises which consists of a cabin and outer room fully furnished with furnitures, fixtures etc. A plan of the suit premises is filed by the defendant in his affidavit in reply at pages 17, 18 and 23. According to the plaintiff, the defendant who was the plaintiffs advocate since 1979 was allowed by the plaintiff in 1985 to occupy the suit premises i. e. the cabin and the outer room and the defendant was to use the suit premises from 3. 00 p. m. onwards on every day from Monday to Friday and till about 1. 00 p. m. on Saturday.

(2.) THE disputes between the parties started in 1996-97 regarding right to occupy the suit premises and therefore the present suit is filed for a declaration that the defendant has no right whatsoever in the suit premises, for a mandatory injunction order, the defendant to remove his articles and belongings and for other reliefs. The motion is taken out by the plaintiff for ad-interim reliefs namely for appointment of Receiver, for injunction restraining the defendant from entering into the premises and for restricting the use of the defendant in respect of the suit premises from 3. 00 p. m. only on Monday to Friday and 1. 00 p. m. on Saturday. Out of the three prayers, prayer (c) was strongly pressed by the Counsel for the plaintiff.

(3.) THE motion is strongly opposed by the defendant on the ground that the defendant is not a gratuitous licencee of the plaintiff but a sub-tenant of the plaintiff from 1985 and that the defendant was in exclusive possession, use and enjoyment of the inner room and the open terrace. According to the defendant, the plaintiff never used the inner room and the open portion. In order to prove the exclusive use of the defendant of the inner cabin and the open terrace, the defendant has filed about 15 affidavits and has relied upon certain documents namely Income Tax Returns and reliance is strongly placed on a letter dated 15-2-1985 which was addressed by the landlord of the plaintiff to the plaintiff.