P K THILAKAN Vs. VITHAL N SHETTY

JUDGEMENT

(1.) The Plaintiff is the owner of the hotel Park View. He is the tenant of the hotel premises at Shop No.5, Room No.4/1, Ground floor, Kantharia Manshion, Plot No.103- C, Govandi Road, Chembur, Bombay- 400 071.

(2.) The Plaintiff entered into Conducting Agreement with the Defendant dated 16th August 1984 to allow the Defendant to conduct his hotel business for 3 years from the date of the agreement. The suit is filed after the agreement expired by efflux of time for recovery of the premises for which the agreement was entered into.

(3.) The Plaintiff has claimed mesne profits of Rs.500/- per day from the expiry of the agreement period i.e., from 16th August 1987. The Plaintiff has also prayed for an injunction to restrain the Defendant from disposing off, alienating, encumbering or creating any 3rd party right in the suit premises. The Plaintiff has also prayed for a declaration that a declaration/affidavit dated 21st September 1984 stated to have been executed by him is void.