M. Jagannadha Rao, C.J. - (1.) The plaintiff is the appellant in Suit No. 1693/95. This appeal is preferred against the order in IA 7540 of 1995 and IA 7930 of 1995 dated 8.11.1995 vacating the temporary injunction granted earlier on 24.7.95.
(2.) The facts of the case are as follows:
(3.) The appellant Corporation wanted to run a liquor shop and gave an advertisement on 16.4.82 inviting tenders from owners of shops for entering into a licence' agreement. The respondent-owners submitted their offers and the said offer was accepted by the appellant on 3.5.82. Thereafter a licence deed was executed on 5.5.1982 whereby the appellant agreed to pay certain percentage as compensation with a minimum guarantee of Rs. 6,000.00 p.m. The licence was to be upto 31.3.83. It was continued upto 31.3.84. On 1.6.84, appelllant wrote to the owners inquiring if the respondent would allow appellant to continue till 31.3.85. By letter dated 22.11.84, the appellant wrote to respondent that it would increase the commission at 10% of gross profit with a minimum of Rs. 4,000.00 p.m. w.e.f. 1.4,1984. On 13.6.86, appellant wroe to respondent agreeing to pay a percentage of its gross profits for the year 1986-87. On 18.8.87, appellant wrote to respondent that w.e.f. 1.4.87, it would pay compensation at 12.5% subject to a minimum of Rs. 6000.00 p.m. On 19.9.91 appellant wrote to respondent that its sales have come down and that respondent should accept whatever appellant could pay. On 13.1.92, appellant wrote to respondent declining to enhance compensation from 12.5% to 15% with a minimum of Rs. 16,000.00 . Appellant was prepared to pay only 12.5%.;