SANGEETA PRINTS Vs. HEMAL PRINTS

JUDGEMENT

(1.) The petitioners are a partnership firm registered under the Indian Partnership Act. The petitioner firm is a member of Sidhpura Co-operative Industrial Society. This co-operative society owns, inter alia, premises on the first floor of 37 Sidhpura Co-operative Industrial Estate, S.V. Road, Goregaon, Bombay 400 062. The petitioner firm, by virtue of its membership of the said society, is put in possession of the said premises as an "owner" thereof.

(2.) It is the case of the petitioners that under an agreement dated 17th November, 1977 they gave their business which was carried on in the said premises as well as the said premises to the respondents for the purpose of conducting the said business on the terms and conditions which are recorded in the said agreement. It was agreed between the parties under the said agreement that royalty at the rate of Rs. 1400/- per month would be paid by the respondents to the petitioners. This agreement was renewed by an agreement dated 6th November, 1978. Royalty however, was increased to Rs. 1500/- per month under this agreement. It seems that in October 1982 the respondent filed a declaratory suit in the Court of Small Causes at Bombay for a declaration that they were the tenants in respect of the said premises. This suit bears R.A. Declaratory Suit No. 5412 of 1982. The respondents also filed an application for standard rent in the year 1983.

(3.) The petitioners filed the present suit being LE & C Suit No. 85/94 of 1983 under section 41 of the Presidency Small Cause Court Act, 1882 for recovering possession of the said premises as also the said business, furniture, article and other objects lying in the said premises as set out in the plaint. The petitioners have also prayed for recovery of a sum of Rs. 13,500/- being arrears of royalty from 1st of May, 1982 to 31st January, 1983 with interest there on at the rate of 18% per annum. They have also prayed for mesne profits and or/damages as from 1st of February, 1983 till possession is obtained by them as prayed.