RAVI JAGANNATH MAHANTI Vs. PARSHURAM TUKARAM SHINDE

JUDGEMENT

(1.) The present Appeal is filed against the Judgment and Order dated 13th August,2004, passed by the learned Single Judge, whereby the suit was decreed and the Appellant was directed to handover the possession of the business of the hotel along with the premises and the articles therein. The Appellant was also directed to pay Rs.66,500/- towards royalty charges. Mesne profits were also directed to be computed. The Respondent No. 1 is the executor and administrator of the estate of the late Shri H.N. Zulpuri ("the deceased") and has been granted the probate of the latter's will dated 27/9/1976. The deceased was running the business of a residential hotel known as M/s Kashmir Hotel. He was a tenant of the said premises. By an agreement dated 1/10/1976, the deceased had given the hotel business to the original defendant Jagannath Mahanti, who died during the pendency of the suit, on payment of royalty of Rs. 1900 per month, for a period of 5 years, ie, upto 1981. The Respondents were also beneficiaries under the said will in respect of the residential hotel business.

(2.) The Respondents alleged that immediately after the death of the deceased, the Appellants ceased to pay any amount towards the royalty charges due under the agreement and had also carried out certain alterations to the said premises in breach of the agreement, causing the landlord to serve a notice dated 30/8/1980 on the Respondent No.1.

(3.) Mr.Thakkar, the learned Senior Counsel on behalf of the Appellant, strongly assailed the judgment and decree of the learned Single Judge on the following grounds: