NAWAL SULTANIA Vs. HEMANT KUMAR CHABRIA

JUDGEMENT

(1.) This is an application for stay of operation of the judgment and decree dated September 30, 2020, whereby Title Suit No. 134 of 2016 was decreed on contest by the learned Civil Judge (Senior Division), Sealdah, South 24- Parganas. The defendants were directed to deliver vacant peaceful possession of the suit property to the plaintiffs within 4 months from the date of the decree, failing which the plaintiffs were granted liberty to execute the decree. The plaintiffs were further given liberty to initiate separate proceedings under Order 20 Rule 12 of the Code of Civil Procedure for determination of mesne profits.

(2.) The defendants have come up in appeal and have filed the present application for stay of operation of the decree.

(3.) The appellants argued that they got possession of the land in question under an agreement of lease although the same may have been described as a license agreement. Nomenclature is irrelevant. The substance of the agreement and the nature and character of possession has to be taken into account to decide whether the person in occupation/possession is a tenant or a licensee.