JAYANT L SHAH Vs. NARANJI LALJI KHONA

JUDGEMENT

(1.) THE present suit is filed for a decree of declaration that the defendant has no right, title or interest to carry on the business of Messrs. Narshi Hansraj or any other business in the suit premises namely, Shop No. 7-B, Navratan Villa, 279a, Lakhamshi Napu Road, Matunga, Bombay 400 019 and that he is a trespasser in respect thereof. By prayer clauses (c) and (d) a decree for possession couched in the form of mandatory as well as prohibitory injunction has been sought. Prayer clause (e) seeks a decree for a sum of Rs. 9,900/-towards the arrears of royalty for a period from 1. 11. 1978 to 2. 12. 1979 at the rate of Rs. 750/- per month. By prayer clause (f) damages in the form of compensation or future mesne profits at the rate of rs. 25/- per day has been sought. There are various other interim reliefs in the present suit.

(2.) SOME of the material facts, briefly enumerated are as under :-

(3.) THE original plaintiff Lakchand Dhanji Shah was an executor appointed under a will dated 19. 3. 1977 of one Narshi Hansraj Khona alias Sha narshi Hansraj who expired in Bombay on 12. 10. 1978. The said original plaintiff who was the executor has also expired and his legal heir has been brought on record.