MOWJI MONJI Vs. KUVERJI NANAJI

JUDGEMENT

(1.) The plaintiff who is the owner of a godown consisting of throe compartments situated in Kalyan street on one of the Port Trust estates sues two sets of defendants to recover from either the one or the other set a sum of money for rent of his godown. The first six defendants are members of a firm of merchants and muccadams who carry on business as Messrs. Khimji Vishram. Defendants 7 and 8 are members of the firm of Nensy Khairaj and Company who are also merchants who carry on business in Bombay.

(2.) The plaintiff's godown was agreed to be let to Messrs. Khimji Vishram from the 1 of May 1906 for a fixed term of twelve months, At the date of the agreement the godown was in the occupation of Messrs. Nensy Khairaj and Company. It is alleged by Messrs. Khimji Vishram that they did not get possession of the premises in terms of this agreement; that only one compartment out of three was given possession of to them on the 22 May, 1906 that they did not get possession of the two other compartments and consequently they hired other premises and they make certain counter-claims in respect of enhanced rent which they say they had to pay in-consequence of their not having been put in possession of the whole godown in terms of their agreement,

(3.) The second set of defendants plead that there was an oral agreement with the plaintiff that they should occupy the godown till the end, of May 1906; that they gave up possession of a portion of the godown before the 22 May, 1906 and on the 22 May, they gave up possession of the remaining portion to the plaintiff and the first set of defendants Messrs. Khimji Vishram.