G RITA AND CO Vs. CHANDRAKANT HARILAL SHAH

JUDGEMENT

(1.) The only question arising in the above First Appeal was whether the learned Additional Principal Judge, City Civil Court, Bombay was right in decreeing the suit filed by the respondent-plaintiff, on September 2, 1960 for the declaration that the defendants were the trespassers, in respect of the suit premises from January 1, 1959, and for an injunction restraining the defendant-appellants from occupying the premises or using the same.

(2.) It was the case of the plaintiff that the defendants were allowed to occupy the suit premises consisting of a portion of a shop 10 x 30 under the agreement of leave and licence, Exhibit-A, dated January 1, 1958 which was revoked as the defendants failed and neglected to pay to the plaintiff any licence fee as agreed in the said agreement for a period of three consecutive months of October, November and December 1958, though the agreement provided inter alia as follows:

(3.) The plaintiff has further stated that by his letter dated November 15, 1958, the plaintiff had called upon the defendants to give vacant possession of the suit premises; and in reply to the letter sent on November 28, 1958, the defendants had denied having executed the agreement of leave and licence as alleged in the plaintiffs letter; and falsely contended that the defendants were allowed to occupy the premises, which they occupied permanently on their paying certain amount by way of rent.