ESSA BROTHERS Vs. HOTEL MAURYA PALACE SHERATON

JUDGEMENT

(1.) THIS is an appeal directed against the judgment of the learned single Judge, paassed on an application under section 3 4 of the Arbitration Act, 1940. staying suit No. 424/83. That suit is between M/s. Easa Brothers as the plaintiff and M/s. Hotel Maurya Sheraton and Others two others as defendants.

(2.) THE suit was for recovery of possession of a shop situated in the Maurya Place Sheraton and for the recovery of Rs. 6 lakhs (rupees six lakhs only) as damages for illegal possession. THE hotel has a number of shops in it and one of those shops was occupied by the Plaintiff for business purposes. THE monthly rent was Rs. 15.000.00 (rupees fifteen thousand only). THE document was described as a Licence Deed. A sum of Rs. 1,80.000.00 (rupees one lakh eighty thousand only) was given as deposit which continues to remain with the Hotel.

(3.) NOW if we turn to clause 26, we see that after the termination, the Licensor has authority to make full use of the shop as he deems fit. Therefore the entire dispute between the parties is one covered by clauses 24, 25 and 26.