RATNAKAR RAMARAO Vs. ABDUL KARIM JAILANISAHEB

JUDGEMENT

(1.) This is defendant's second appeal against the judgment and decree dated 15-1-1973 of the Court of the II Addl Civil Judge, Belgaum, in RA.511 of 1967, affirming the judgment and decree dated 5-10-1967 of the Court of the Munsiff, Belgaum, in ROS.365 of 1966, which was a suit filed by the plaintiff for permanent injunction restraining the defendant from interfering with his possession and enjoyment as tenant of the shop in Block 4, CTS. 2041, in Vijaya Building, Ganapath Galli Blegaum, belonging to the defendant. The shop in Block 4 in Vijaya Building, Ganapath Galli, belongs to the defendant. The said shop was admittedly occupied by one Killedar prior to its occupation by the plaintiff. Under a document styled as "Leave and Licence Agreement' entered into between the plaintiff and the defendant on 5-12-63, the plaintiff set up his business in the shop as a t. ader in steel trunks, bags and stationery articles. The period during which he could continue that business in the said shop was stipulated as 11 months. The compensation payable every month for use of that premises by the plaintiff was fixed at Rs. 125. On the expiry of the period Of 11 months fixed in the agreement, another agreement styled as the first agreement, marked in the suit as Ext.50, was entered into between the plaintiff and the defendant on 5-11-64. The terms and conditions contained in the second agreement were similar to those contained in the first agreement. Again, with the expiry of the period stipulated in Ext.50, another agreement styled in the same fashion was entered into between the Pltff and the defendant on 5-10-65. Though the period during which the aaid agreement had to be in operation was fixed as 11 months, the amount of monthly compensation payable by the plaintiff to the defendant was raised from Rs.126 to 175. It is not disputed that the terms and conditions of all the agreements are similar except for the change with regard to the rate of monthly compensation and the periods during which they had to be in operation. For purposes of facility, the preamble and the relevant clauses of the latest agreement, Ext.59 are extracted hereunder: " Whereas the Licenser is the owner of the Block mentioned above and in possession of the same; and whereas the licenser is in a position to spare the said Block, and whereas the Licensee being desirous of opening a new business, as Manufacturers of Waheed Trunk Mart has requested the Licenser to permit him the Licensee to use and Occupy the said Block on Leave and Licence basis for the purpose of the above said business in trunks, bags and stationery articles as a shop, and whereas the Licenser is agreeable to permit the Licensee to use and occupy the said Block on Leave and Licence basis, from the 5th of October 1965; and whereas it is deemed necessary to reduce into writing the terms and conditions on which said permission and licence have been agreed to be granted to; Now this indenture witnesseth as follows: (1) The Licenser shall permit the Licensee to use and occupy the said Block for the purpose of enabling the Licensee to do the above business only on the Leave and Licence basis.

(2.) This agreement shall be demed to have come into force from the 5th October 1965, and shall remain in force for a period of eleven months therefrom, i.e., 4th day of September 1966,

(3.) The Licensee shall pay to the Licenser for the permission hereby granted Licence fee at the rate of Rs. 175 (One hundred and seventy five rupees) per month on or before the 5th of each month. The Licensor shall be entitled to keep one Almirah , one table and 3/4 chairs and one small treasury (cash box), in one part of the said Block for office purposes.