PERAMANAND GULABCHAND AND CO Vs. MOOLIGI VISANJI

JUDGEMENT

(1.) The main point on which the fate of the case rests is the construction of an agreement between the appellant defendant and respondent plaintiff and marked as Ext. A1 in the suit. The Trial Court construed it as a licence. The said finding has been challenged in this appeal by the defendant.

(2.) The plaintiff the owner of a building with municipal No. 9/207 permitted the defendant to use a portion of the building and its premises subject to the terms and conditions contained in Ext. A1 agreement. The portion of the building and premises thus permitted to be used by the defendant is described in the schedule to Ext. A1 as follows:

(3.) The important provisions in the agreement may be summarised thus: The agreement recited that the buildings and open yards mentioned in the schedule to the agreement and which are in the possession of the licensor, are allowed to be used by the licensee "for sorting, bagging, storing etc., of coconuts and for sorting, drying and storing of copra, other hill produces, grains, oil and oilseeds traded by the licensees for the purpose of their business, the office room as office for the staff supervising the sorting, bagging, storing etc., of coconuts and for sorting, drying and storing of copra, other hill produces, grains oil and oilseeds traded by the licensees for the purpose of their business and the godown for storing the bagged and unbagged coconuts, copra, other hill produces, grains, oil and oilseeds traded by the licensees for the purpose of their business without causing damage to the godown". The agreement further provided that the licensee shall use the premises only for the purposes mentioned therein. It was further provided that on the expiry of the term on 30-9-1973 the licensee would completely cease to use the scheduled premises and the permission given shall not be operative and valid on and after 30-9-1973. There is a prohibition in the agreement against erecting or putting up any shed in the open yard or effecting any improvement or alteration whatsoever to the office room and godown. A right to put an end to and determine the term agreed upon is reserved in favour of the licensor and particularly in case the licensee commits, default in complying with any of the conditions. The agreement also contained a clause that the licensor shall have and always be deemed to have possession and control over the open yard, office room, and godown described in the schedule hereunder subject to the permission granted as per the agreement.