JUDGMENT - Smt. SUJATA V. MANOHAR, J.:---The petitioners are a partnership firm registered under the Indian Partnership Act. The petitioner firm is a member of Sidhpura Co-operative Industrial Society. This co-operative society owns, inter alia, premises on the first floor of 37 Sidhpura Co-operative Industrial Estate, S.V. Road, Goregaon, Bombay 400 062. The petitioner firm, by virtue of its membership of the said society, is put in possession of the said premises as an "owner" thereof.

2. It is the case of the petitioners that under an agreement dated 17th November, 1977 they gave their business which was carried on in the said premises as well as the said premises to the respondents for the purpose of conducting the said business on the terms and conditions which are recorded in the said agreement. It was agreed between the parties under the said agreement that royalty at the rate of Rs. 1400/- per month would be paid by the respondents to the petitioners. This agreement was renewed by an agreement dated 6th November, 1978. Royalty however, was increased to Rs. 1500/- per month under this agreement. It seems that in October 1982 the respondent filed a declaratory suit in the Cour

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