SURESH MADHUKAR NAGARKAR Vs. UJUBAIA MAHAV DESAI

JUDGEMENT

(1.) HEARD both sides.

(2.) THE defendant in B. C. C. C. Suit No. 6958 of 1972 on the file of the City Civil Court, Bombay is appellant herein.

(3.) AN agreement of licence was executed between the plaintiff and defendant on 18-11-1968. As per the said agreement the suit premises which is a portion of National Medical Hall at Bai Panbai Gangli Building, Ground Floor, Lalbaug, Bombay 400012 was given on licence by the plaintiff to the defendant for the purpose of running Dental clinic. The agreement was for the fixed term for a period of 10 years. The royalty amount of Rs. 380/- per month was also fixed to be paid by the defendant to the plaintiff. In that agreement there are two clauses which enable the parties to terminate the licence before the period. Those Clauses are 11 and 12 which are reproduced hereunder :