JUDGMENT - V.H. BHAIRAVIA, J.:---This appeal is directed against the judgment and decree dated 11th August, 1987 passed by the City Civil Court, Bombay, in S.C. Suit No. 4012 of 1971.

2.The respondent-plaintiff filed the suit for a declaration that the appellant-defendant is a trespasser in respect of the suit premises and for a mandatory injunction, directing the defendant to remove himself, his servants and agents from the suit premises and for a decree directing the defendant to hand over possession of the suit premises to the plaintiff and also for recovery of arrears of licence fee or compensation from the defendant at the rate of Rs. 375/- per month. It is the case of the plaintiff that he was carrying on business in charcoal in the suit premises for a number of years. He is the tenant of the suit premises, paying a monthly rent of Rs. 27.30. It is the case of the plaintiff that the defendant approached him for grant of leave and licence to use the suit premises for a period of eleven months on monthly compensation of Rs. 375/- and accordingly a leave and licence agreement was entered into on 1st July, 1970 between the plaintiff and the defendant. Accordingly, a portion of the

Click Here to Read the rest of this document