- (1.)The plaintiff who had succeeded before the trial Court and lost before the first appellate Court is the appellant in this second appeal.
(2.)The issue that arises for consideration is whether the second defendant is a lessee of the suit coconut thope or a mere licensee? The trial court held that the second defendant is only a licensee and not a lessee, while the first appellate court had taken the view that the second defendant is a lessee and not a mere licensee to collect the usufructs.
(3.)At the time of admission, the following two questions of law were framed for consideration by this Court :-(i) Whether the lower appellate Court is right in law in holding that the respondent is a lessee of the coconut thope and not a licensee to collect the usufructs therefrom and while doing so, whether the lower appellate Court has omitted to take note of the principles laid down by this Court?(ii) Whether there has been misconstruction of and omission to construe the material evidence on record when the lower appellate Court chose to reverse the judgment and decree of the first Court?