ASSOCIATED THEATRES Vs. VIJAY KUMAR

JUDGEMENT

(1.) THE appellant filed suit for mandatory injunction to direct the defendant to vacate Shop No. 6 in Jagatjit Cinema, Kapurthala.

(2.) CASE of the appellant is that it is running Jagatjit Cinema and the defendant was a licensee under terms and conditions of agreement of licence dated 22.12.1979 which was to commence on 1.1.1980 and expire on 30.11.1980. The license expired but the defendant did not vacate the shop inspite of notice dated 7.1.1981 served on him.

(3.) THE trial Court dismissed the suit. Referring to Ex. P-6, licence deed, it was observed that the defendant was in exclusive possession and plaintiff did not retain possession or control. Business run by the defendant was not subject to any supervision of the plaintiff. Reference was made to the evidence of PW-1 Ujjal Singh, Resident Director of the plaintiff-firm to the effect that the shop had one door which was locked by the defendant exclusively. The said witness further admitted that the defendant was in possession for the last 6/7 years. In the year 1976, rent was Rs. 185/- per month, in the year 1977, it was increased to Rs. 200/- per month; it was then increased to Rs. 215/- and Rs. 230/- per month. On the back of Ex. P-6, the stamp vendor had mentioned that the paper had been purchased for execution of rent note. It was further observed that mere description of deed as deed of licence, was not conclusive.