SRINATH DAS Vs. DEVI SHAW

JUDGEMENT

(1.) One Srinatk Das was the owner of two businesses in sweetmeat at stalls Nos. 10 and 12, G-Block, Lansdowne Market, Calcutta, and at 140/A Russa Road, Calcutta, outside the jurisdiction of this Court. Some years ago the Corporation of Calcutta, one of the Defendants in this suit, allotted the two aforesaid stalls at Lansdowne Market to the said Srinath Das, who also held for several years a licence in respect of the said businesses under the Calcutta Municipal Act. The Defendant Devi Shaw used to be employed by the said Srinath Das in his business at Lansdowne Market.

(2.) Srinath Das, who originally filed the suit, is dead, and his heirs and legal representatives have been brought on the record as Plaintiffs in this suit after his death. The case of the Plaintiffs is that Srinath Das was away at his native place at Mathura in or about June, 1948 and on coming back to Calcutta in September, 1948 he was refused access to the shop at Lansdowne Market by the Defendant Devi Shaw. The Plaintiffs allege that licence of the deceased Srinath Das had been revoked and cancelled by the Chief Executive Officer, Corporation of Calcutta, on the pretended ground of Srinath Das having sublet the said stalls in Lansdowne Market and thereby contravened the terms and conditions of the licence granted to him. The Plaintiffs further complain of certain orders passed by the Corporation of Calcutta on September 8, 1948, December 20, 1948, January 8, 1949 and March 25, 1949. These orders relate far the revocation or cancellation of the licence of Srinath Das in respect of the stalls at Lansdowne Market and the allotment of the said stalls to the Defendant Devi Shaw. These orders, according to the, Plaintiffs, were passed by the Defendant Corporation of Calcutta at its principal office within the jurisdiction of this Court. The Plaintiffs also contend that the deceased Srinath Das had never agreed, to transfer the stalls at Lansdowne Market or any portion thereof to the Defendant Devi Shaw and that the deed of agreement, dated September 15, 1945, set up by the Defendant Devi Shaw as affecting to transfer the aforesaid stalls at the Lansdowne Market, is not binding on the Plaintiffs and should be adjudged void, and delivered up for cancellation. According to the Plaintiffs all the said orders of the Corporation of Calcutta mentioned above were made mala fide and in collusion and conspiracy with the Defendant Devi Shaw. The Plaintiffs charge that the Defendant Devi Shaw unlawfully and in breach of faith and confidence reposed in him by the deceased Srinath Das completely ousted the said Srinath Das and usurped all books, papers, accounts, vouchers of the said Srinath Das in respect of the aforesaid stalls at Lansdowne Market and thereby deprived him of all documents of title. The Plaintiffs submit that they are still the owners of the business at the aforesaid stalls and as the Defendants are denying and/or are interested to deny their right, title and interest in the said business they are entitled to a declaration from this Court upholding their rights in respect thereof. They also claim to be the owners of the licence in respect of the aforesaid stalls. The Plaintiffs further state that they have suffered loss and damages by reason of nsurption by the Defendant Devi Shaw of the business of Srinath Das at Lansdowne Market and by reason of the pretended cancellation and the revocation of the licence granted to the deceased Srinath Das. They also claim damages to the extent of Rs. 20,000 being the value of the stock-in-trade and assets of the business alleged to have been wrongfully converted by the Defendant Devi Shaw. By the plaint as originally filed Plaintiffs asked for a decree for (a) a declaration that the the Plaintiffs were the owners of the business stalls Nos. 10 and 12, G-Block, Lansdowne Market, Calcutta, (b) a declaration that the Plaintiffs were entitled to be the licensee in respect of the aforesaid stalls and that the pretended cancellation and revocation of the licence granted to Srinath Das were unlawful, (c) a declaration that the pretended agreement, dated September 15. 1945, was void and delivery up of the alleged agreement for cancellation, (d) loss and damages and loss of profits assessed at Rs. 200 per month or alternatively accounts of the said business and enquiry thereinto and payment of the sum found due, (e) stock-in-trade of the assets of the said business valued at Rs. 20,000 and other reliefs. The suit was filed on August 8, 1949. After the death of Srinath Das on January 2, 1953, the plaint was amended by the addition of a new paragraph 21 and other amendments necessitated by the death of the said Srinath Das, both in the body of the plaint and in the Cause Title and in the reliefs asked for.

(3.) Thereafter, there was a further amendment. By this paragraph 9 of the plaint was further altered by the addition of the following: