Both the courts below have concurrently found that the transaction evidenced by Ext. A1 Deed is a license and not a lease as contented. All the incidence of a license are present and the nomenclature of Ext.A1 Deed is also a license. The licensee admittedly died and the privileges under Ext. A1 Deed are purely personal. This is explicitly stated in Clause 6 of Ext. A1 Deed executed by the plaintiff and the predecessor in interest of the defendant.
2. The mere fact that license fee was collected from the defendant after the death of the original licensee does not improve matters. There is no question of law much less any substantial question of law in this regular second appeal. I however grant time to the appellant/defendant to hand over vacant possession of the premises.
3. Time is granted till 31.03.2015 to surrender vacant possession of the premises by the appellant. This is however subject to the condition that the appellant files an affidavit undertaking to vacate the premises unconditionally on or R.S.A. No. 1069 of 2014 2 before 31.03.2015. Such an affidavit of undertaking shall be filed on or before 15.11.2014.
4. The appellant shall in addition clear the entire arrears of license fee and pay damages for use and occupation at the same rate till vacant possession. The appellant will lose the benefit of this judgment if any one of the conditions are defaulted.
The respondent/plaintiff is entitled to apply for review of this judgment if aggrieved by the time granted for handing over the vacant possession. The Regular Second Appeal is dismissed.
DCS V.CHITAMBARESH JUDGE