ULHAS SANVORDEKAR Vs. TILAK RAJ BHALLA

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner. The respondent/plaintiff herein filed the Special Civil Suit No. 25/93/a in 1993. Therein the plaintiff had pleaded that there was an agreement between the plaintiff and the petitioner/defendant and the defendant was given authority to manage the bar and restaurant on certain conditions. One of the conditions was that the petitioner was to pay a particular amount every month to the respondent and there was also a condition that in case he fails to pay the amount for three consecutive months, then the agreement would be terminated. The petitioner herein committed default in payment of the monthly amount and the suit was filed. After hearing, the learned Civil Judge, Senior Division, Panaji, by its judgment and order dated 19th January, 1999, decreed the suit of the respondent, held that the petitioner had no right, title or interest in the suit premises and the agreement dated 1st April, 1983 has come to an end due to violation of the conditions of the agreement. Besides this declaration, the petitioner was also directed to pay certain amounts towards arrears of agreed monthly payment and mesne profits of the period prior to the filing of the suit with interest, etc.

(2.) AS the entire claim of the respondent was not granted by the trial Court, the respondent filed Civil Appeal No. 48/99 in this Court against the judgment and decree dated 19th January, 1999. The petitioner filed First Appeal No. 76/2000 on 26th April, 1999. Initially stay was granted to execution of the decree, but that stay was thereafter vacated by the Appellate Court. So the execution proceedings before the Executing Court are filed.

(3.) IN the execution application, the respondent/decree-holder demanded possession of the premises and then the petitioner/judgment debtor raised the dispute.