RAMESHCHANDRA JAMNADAS AND CO Vs. TERENE TRADERS

JUDGEMENT

(1.) Historys most grandlose accomplishments can have the most banal of origins. Sagacity and foresight of many a captains is industry combined to put Bombay on the map of India as its industrial capital. The pioneers of Muljee Jetha Market, the hub of the whole-sale business in India can justifiably take pride in their contribution to the economic prosperity of Bombay. More than a century ago, i.e. on 20th July, 1871, the New Piece Goods Bazar Company Limited was incorporated under the Indian Companies Act, 1866, as a limited Company with an authorised capital of Rs. 7,20,000/- which was raised to one Crore of rupees after 102 years i.e. in 1968. The object for which the Company was established, were, inter alia, to acquire specified lands, buildings at Sheikh Memon Street, Khutterwady Lane, Ganeshwadi Lane, Fazendaree land to erect or construct new houses, warehouses, shops, offices and other buildings. The statement of objects puts it modestly that the aim of the promoters was "to establish a central bazar in the metropolis of Bombay", little realising that bazar would burgeon into a central bazar for the whole of India. As per the objects of the Company, a number of shops and tenements were constructed and the allottees prospered with the increased volume of traffic through the Bombay harbour. The post war boom in the trade brought in its wake the practices of sub-letting and assigning of premises for a price and the Directors were quick to stall the same. On 5th November, 1940 a Resolution was moved by the Chairman Kersandas Soonderdas to depricate the practice of tenants sub-letting their shops on "padgis or Anamat accounts". The Bombay High Court confirmed the amendments to the objects of the Company effect 5th November, 1940 to provide against the tenants "sub-letting or assigning the premises let to them and to set fines and premium on their sub-letting or assigning the same."

(2.) One such shop belonging to the Company was shop No. 638, Dwarkesh Galli, Mulji Jetha Market, of which J. Narandas and Co., are concededly the tenants of the Company. One of the partners of J. Narandas and Co., is related to Rameshchandra of Rameshchandra Jamnadas and Company, a partnership firm and at instance of the original tenant Rameshchandra was allowed use and occupation of certain premises of the shop No. 638 during the normal business working hours for carrying on the wholesale business in textiles. Terene Traders were permitted a like use of the shop and though there is a dispute as to whether Rameshchandra was included by Terene Traders or by Narandas, it is undisputed that from 1974 till 1982 Rameshchandra Jamnadas and Company continued to use the same portion of the shop.

(3.) Unlike retail outlets which have necessarily to have a large showroom to cater to the needs of the customers, a sketch annexed to the plaint shows that the shop in question is a small one containing racks for stacking textile samples, in front of which are two otlas where the traders can sit to strike a deal with the whole-sale buyers--- mostly upcountry. The inner portion of the shop housing the racks of the cloth samples can be closed by rolling shutter leaving the otlas unguarded.