CAPITAL STORES Vs. BATRA SAREE EMPORIUM

JUDGEMENT

(1.) The controversy which arises for determination as an interim measure at this stage is whether the plaintiff was appointed as a commission-agent simpliciter for the sale of sarees' belonging to defendant No. 1 and ready-made garments of defendant No. 2, as asserted by the plaintiff, or the real relationship between the parties was that the two defendants were admitted as tenants by the plaintiff in a portions of the shop bearing No. 7-F. Connaught Place, New Delhi.

(2.) The plaintiff firm is a tenant of the said shop at a rent of about Rs. 200 per month from mid-forties. It had been carrying on its wine business in the shop but the same ended in about 1977 as a result of certain prohibition measures introduced by the Government. At present the plaintiff is carrying on some export business in handicrafts, some items of which are displayed in a portion of the shop. The plaintiff's office for this business is located on a megannine plaintiffs office for this business is located on a mezannine existing inside the shop itself.

(3.) The main entrance of the shop is from the Connaught Place side. On its back side, there is also a door but the same is not of the nature that customers can come from there. It has a steel shutter door and behind that there is another wooden door which is opened during the day time in order to facilitate the flow of light in the interior of the shop.