SHANKAR TUKARAM MAHENDRAKAR Vs. WAMAN KESHAY SHETYE

JUDGEMENT

(1.) HEARD learned Counsel for the appellant. The appeal is summarily dismissed.

(2.) THE appellant in this first appeal is the defendant in Bombay City Civil Court Suit No. 2157 of 1981. By an agreement of conducting, dated 20th July, 1970, the plaintiff permitted the defendant to conduct the business of running a printing press initially for a period of three years. The plaintiff handed over various machineries and articles alongwith the premises to the defendant at the time of entering into of the said agreement. The licence pertaining to the said business stand in the name of the plaintiff. The plaintiff used to conduct the said business in the name of Messrs. Vijay Kumar and Printers. The defendant conducted the said business in some other name. The licence conducting was renewed for a period of two years and thereafter for a further period of one year.

(3.) THE plaintiff had filed L. E. Suit No. 181 of 1977 against the defendant in the Court of Small Causes at Bombay almost for similar reliefs. The said suit was dismissed for default. An application for restoration of the said suit was also dismissed. The plaintiff thereafter filed the suit in the Bombay City Civil Court at Bombay being Suit No. 2157 of 1981, alleging that the defendant was a trespasser and seeking possession of the suit premises, machineries and articles and the said business. The plaintiff also prayed for award mesne profits in the said suit.