SANDOZ INDIA LIMITED Vs. SURINDER ANAND

JUDGEMENT

(1.) THIS is claim for possession and damages in relation to a flat bearing No. A-1-1, 1st floor, Darshan Apartments, Mount Pleasant Road, Bombay-400 006.

(2.) THE suit flat is owned by the Malbar Hill Co-operative Housing Society (Society) which is a tenant co-partnership society. Plaintiff, a public limited company, acquired it initially in the name of an Executive and subsequently got itself substituted in his place. Defendants are full brothers-the first, apart from other things, being the sole proprietor of a concern known as the Oriental Industries. Defendant No. 1 on 28-12-1970 entered into an agreement in relation to the flat with plaintiff. The said agreement labelled a "leave and licence agreement" is at Ex. P-1. Defendants No. 2 has attested the said agreement. Ex. P-1 permitted defendant 1 to allow the flat to be used by an Officer of the Oriental Industries and the said Officers family. Defendant 2 and his family are in occupation right since the inception. The occupation charges were remitted to plaintiff by defendant 1. The transaction at Ex. P-1 had the approval of the Society and in fact as required by the Society bye-laws, defendants 2 as the occupant of the flat, became along with the parties to Ex. P-1, a co-signatory of letter dated 4-9-1970 (Ex. 2-D-2) addressed by them to the Society. Letters and a notice to vacate addressed to defendant 1 not having yielded a result, plaintiff filed this suit against him. Served with a summons in a declaratory suit initiated in 1981 by defendant No. 2 in the Small Causes Court at Bombay, plaintiff in 1983 impleaded him also to this suit.

(3.) THE plaint asserts that Ex. P-1 is a plain and simple leave and licence agreement with defendant 1. Its duration was six months and after the expiry thereof, defendant No. 1 was bound to vacate. Defendant 2 had no right of his own in the flat. Defendants failure to vacate had compelled plaintiff to incur a huge expense to put up a foreign technician for whom the suit flat was meant. This sum together with enhanced compensation @rs. 1470/- P. M. and possession were claimed from defendants.