DHARMA RAO Vs. COMMISSIONER OF EXCISE

JUDGEMENT

(1.) A. S. No. 82/85 & Cross-objections This appeaKand cross-objectionsarise out of judgment and decree in O. S. No. 1117/84 on the file of II Additional judge; city CivilCourf Hyderabad. Plaintiff is the appellant. Suit is laid seeking a direction against, defendants 1 and 2 to transfer licence No. 21/83-84 in Form F. L. 17 for conducting the business o f selling alchohal and running bar and restaurant in the name and style M/s Chandra Wines, Bar and Restaurant in premises No 11/298, Gudivada, Krishna district from the name of L. V. Suobayya in the name of the plaintiff and also to direct the 2nd defendant to receive Rs. 27,000/- towards the renewal of licence free from the plaintiff for the period from 1-10-84 to 30-9-85 for the purpose of continuance of business of the plaintiff in the said premises without any interruption and for costs.

(2.) The plaint case is that he entered into a contract on 7-4-83 with the 3rd defendant who is the holder of a licence in Form F. L, 17 relating to M/s Chandra Wines, Bar and Restuarant by paying Rs. 10,000/- and the plaintiff's sister purchased the immovable property bearing Municipal Survey No. 11 /298 for a total consideration of Rs. 28,000/- and she is in possession of the property in part performance of an agreement to sell dated 7-4-83 and defendants 1 and 2 who are the authorities to transfer the licence are not doing so inspite of requests made by the plaintiff and even after seeking directions from the High Court in W. P. No. 1804/84 and hence the suit.

(3.) In the first instance defendants 1 and 2 alone were added as parties. The 1 st defendant is the Commissioner of Excise and the 2nd defendant is the Excise Superintendent, Krishna district. They are the statutory authorities under the A. P. Excise Act. They mainly contended that the transfer of licence is forbidden under law and the suit for mandatory injunction is not maintainable and they also raised the plea that the owner of the premises where the Bar and Restaurant was being carried on filed a suit O. S. No. 249/84 on the file of Subordinate judge's Court, Gudivada for cancellation of contract of sale. It is also contendend that the 3rd defendant issued notice to them not to transfer his licence and under those circumstances no relief can be granted to the plaintiff.