Satheesh Kumar vs Anantha Narayanapuram
2021 Latest Caselaw 941 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

     MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                          OP(C).No.79 OF 2021

          OS 984/2015 OF ADDITIONAL MUNSIFF COURT, ALAPPUZHA

                                ......


PETITIONER:

               SATHEESH KUMAR
               AGED 52 YEARS
               S/O. MADHAVAN KOCHUKRISHNAN, RESIDING AT PARVATHY
               BHAVANAM, MULLATHU WARD, THIRUVAMPADY P.O,
               AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT.

               BY ADV. SMT.S.SUJINI

RESPONDENTS:

      1        ANANTHA NARAYANAPURAM
               THURAVOOR, ANANTHA NARAYANAPURAM, THURAVOOR,
               REPRESENTED BY ITS PRESIDENT REPRESENTED BY ITS
               PRESIDENT J RADHAKRISHNA NAIK, S/O. JANARDHANA NAIK,
               REVATHI NIVAS, CONVENT SQUARE ROAD, CHERTHALA (DIED)
               688 524

      2        ANANTHA NARAYANAPURAM,
               THURAVOOR, REPRESENTED BY ITS PRESIDENT PREMKUMAR,
               S/O. PARIRAMA SHENOY, HOUSE NO. 15/78, SREEHARI,
               THIRUMALA BHAGAM P.O, THURAVOOR 688 524

      3        SANDEEP,
               AGED 36 YEARS
               S/O. KOLAPPA PILLAI, SARASWATHI NIVAS, VELLIKINAR
               WARD, ALAPPUZHA HEAD POST OFFICE, ALAPPUZHA 688 001


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
          ==================
                 O. P. (C) No.79 of 2021
          ==================
         Dated this the 11th day of January, 2021

                             JUDGMENT

The petitioner is the plaintiff in a suit for

declaration that the plaintiff is an irrevocable licensee of the plaint schedule property and for a

decree for prohibitory injunction from

dispossessing the plaintiff-petitioner therefrom.

2. The plaint schedule property is a shop room.

The plaintiff-petitioner claims to be in possession

on the strength of a licence agreement dated

20.03.2013 executed between the plaintiff and the

first defendant Devaswom. The contention is that on

the strength of the licence, the plaintiff-

petitioner has erected permanent structures thus

making the licence irrevocable. It is also alleged

that the first defendant Devaswom has, without

authority, conveyed the property to the additional

third defendant, who is making preparations to

evict the plaintiff therefrom. The administration

of the first defendant Devaswom is in terms of a O. P. (C) No.79 of 2021 :- 2 :-

scheme prepared in OS 8/58. IA 1212/2017 has been

moved therein challenging the sale deed. The same

is pending consideration. In view thereof, further

proceedings in the suit is to be stayed pending

disposal of the said IA, is the contention.

3. The suit stands posted for trial in the list

to 12.01.2021. The claim of the petitioner is that

he is an irrevocable licensee. The question of

inter-se title between the first and third

defendants is not a matter which will affect the

rights claimed by the plaintiff. None of the

defendants admit the claim of irrevocable licence

raised by the plaintiff. In the circumstances, I do

not find any reason to entertain the original

petition.

Original petition fails and is accordingly

dismissed.

SATHISH NINAN JUDGE

kns/-

OP(C).No.79 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO. 984/2015, FILED BEFORE THE MUNSIFF'S COURT, ALAPPUZHA

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST DEFENDANT IN OS NO. 984/2015, FILED BEFORE THE MUNSIFF'S COURT, ALAPPUZHA

EXHIBIT P3 TRUE COPY OF THE WRTTEN STATEMENT FILED BY THE ADDITIONAL 3RD DEFENDANT IN OS NO. 984/2015, FILED BEFORE THE MUNSIFF'S COURT, ALAPPUZHA

EXHIBIT P4 TRUE COPY OF THE IA NO. 1212/2017 IN OS NO 8/1958, FILED BEFORE THE DISTRICT COURT, ALAPPUZHA

EXHIBIT P5 TRUE COPY OF THE OBJECTION TO IA NO 1212/2017 IN IA NO. 8/1958, BEFORE THE DISTRICT COURT, ALAPPUZHA.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN OP(C) 1631/2020 DATED 17-11-2020

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