INDIAN HOTELS COMPANY LTD Vs. PHIROZ SORABJI CONTRACTOR

JUDGEMENT

(1.) The plaintiffs, the Indian Hotels Co. Ltd., are the owners of the immoveable property known as the "Wellington Mews." This consists of a ground floor and one upper floor, and is used as a mews and motor garage. The ground floor provides stabling accommodation for about one hundred and ninety horses in stalls and loose boxes shown in blue in the Plan. It also provides accommodation for about one hundred and fifty carriages, which are kept on open spaces shown in pink in the Plan.

(2.) The evidence of the plaintiffs representative, Dr. Vakharia, which is not disputed, is that no definite space is allotted to any particular carriage, but that carriages are placed as they happen to come in, so that they are not invariably on the same spot but change their position from time to time.

(3.) Then, on the ground floor, there are nine single cubicles or lock-up rooms, each of which is able to contain one motor car. These are shown in green in the Flan. Each cubicle has a door with a lock, the key of which is supplied to the chauffeur of the car kept inside. The upper floor is entirely used for motor cars. About eighty cars are accommodated on the open spaces, which are shown brown on the Plan; and the same rule applies to the position of cars on these open spaces as I have mentioned in the case of the carriages on the ground floor. Then there are never cubicles shown in yellow in the Plan, each of which accommodates more than one car, varying in number from four to ten cars. The key of each of those cubicles is kept by a supervisor employed by the plaintiffs; and here, again, no particular portion of the cubicle is allotted to a particular car, but the cars kept inside take up their position as they happen to come in. Then there are about forty single cubicles for cars, shown in green in the Plan. Each of these contains one car. The chauffeur has the key as in the case of single cubicles on the ground floor.