JAINABBI HAJI ISMAIL FAKRUDDIN Vs. ABDUL LATIFF RAHMAN

JUDGEMENT

(1.) THIS appeal is filed against the judgment and decree dated 22nd March, 1988 in Short Cause Suit No.2784 of 1981 on the file of the City Civil Court, Bombay. Heard the learned Counsel appearing for both sides.

(2.) THE Respondent/plaintiff filed a suit in the trial court for possession of new Lucky Restaurant situated in the suit premises and other consequential reliefs. The plaintiff's case is that he is the owner of the suit building 156 B, situated at Lalbahadur Shastri Marg, Kurla, Bombay, where there is a hotel called by name 'Lucky Restaurant'. The plaintiff purchased the suit building with the hotel from the previous owner as per sale-deed dated 20th December, 1952. The plaintiff is the proprietor of the said hotel 'Lucky Restaurant'. The plaintiff gave the said restaurant to the defendant for conducting the business of the restaurant as per agreement dated 27-1-1974 for a period of 4 years and 8 months. The defendant agreed to pay Rs.200/- per month as royalty for the first 8 months and thereafter Rs.400/- per month as royalty for running the hotel. The defendant had not paid the water taxes due to the Municipal Corporation. The defendant has not made payment of royalty after September, 1978. Rs.12,800/- is due towards arrears of royalty till the date of suit. Now the defendant's possession is that of a trespasser. The plaintiff has issued notice to the defendant terminating the agency and calling upon the defendant to deliver possession of the restaurant. It is alleged that the defendant has committed a breach of the agreement dated 21-1-1974. Hence, the suit is filed for the recovery of possession of restaurant and other reliefs.

(3.) THE trial court framed following issues: