Vincent M.M v. Omana P.K
Case brief
What is this about?
Licence vs lease; Ext.A1 agreement recitals; shop rooms; mandatory injunction and recovery of possession; termination notice unchallenged; concurrent findings of Trial Court and First Appellate Court; no substantial question of law; Regular Second Appeal dismissed with six-month conditional time to vacate; affidavit to Execution Court; arrears of rent/compensation; execution in abeyance; High Court of Kerala; Munsiff-Magistrate Court Thamarassery OS Nos.12, 65, 337 of 2019; III Additional Sub Court Kozhikode AS Nos.2, 3, 4 of 2022.
What did the court decide?
Regular Second Appeals dismissed; appellants permitted to occupy the plaint schedule premises for six months subject to conditions: affidavit before the Execution Court undertaking to vacate within six months, clearance of all arrears of rent/compensation within one month, and continued payment of the compensation ordered by the Trial Court until vacating; execution proceedings kept in abeyance in the interim; violation of any condition permits the respondents to execute the decree forthwith.