MOOLCHAND KHAIRATI RAM HOSPITAL Vs. ANIL DHAWAN

JUDGEMENT

(1.) The present suit was filed by the plaintiff for delivery of vacant possession of the suit premises and also for recovery of Rs.3,60,000.00 as damages/mesne profits and for pendentelite and future damages/mesne profits.

(2.) In order to decide the present suit and to appreciate the issues raised herein, it is necessary to briefly state the case pleaded by the plaintiff in the plaint.

(3.) The plaintiff is a charitable hospital. The defendant is engaged in business of sale and supply of medicines and drugs. On 17.8.1977 the plaintiff entered into an oral agreement with the defendant whereby the defendant was allowed by leave and license to run the medical store in the suit premises on license fee of Rs.1,500.00 per month. The said oral agreement was later on reduced to writing under an agreement dated 18.7.1978. As per the terms of the said agreement the period of license was limited for 3 years expiring on 16.8.1980 and the defendant was to pay a license fee of Rs.1,500.00 per month. The said license expired on 16.8.1980 and thereafter the plaintiff and defendant entered into a fresh agreement of license dated 27.10.1980 again for a period of 3 years w.e.f. 17.8.1980 with a clause for extension of the said license period for a further period of 3 years by mutual consent in writing. Under the terms of the said agreement the defendant was to pay to the plaintiff a license fee of Rs.2,750.00 in advance by 10th of every month w.e.f. 17.8.1980 and Rs.3,250.00 per month from the date the second floor of new Nursing Home is brought into use for patients. Clause 6 of the said agreement provided that the firm would use their stationery like purchase orders, cash memos, letter-heads, rubber stamp etc. duly approved by the Hospital in writing. Clause 9 provided that the firm would run the drug store in accordance with the directions and to the satisfaction of the Surgeon Incharge of the hospital, and that the defendant was obliged to supply to the plaintiff hospital drugs and pharmaceuticals etc. as requisitioned by the Hospital from time to time.