JUDGMENT :- This appeal is preferred by the unsuccessful defendant against the judgment and order passed by the 1st Additional Civil Judge, Senior Division, Mapusa decreeing the respondent's - plaintiff's suit for mandatory and perpetual injunction against the defendant.

2. Heard the learned Counsel for the parties. Perused the record.

3. Respondent/plaintiff is the proprietor of M/s. Jesuwil Travel and Tours situated in Laxmi Apartments at Candolim and also an agent for different airlines. His wife is maintaining a public communication centre at the said premises. It is the case of the plaintiff that defendant approached one John Daniel alias John Tejpur and he was in search of a premises for restaurant. Therefore, defendant took him to one of his relatives by name Surendra Kandolkar, who owned a property at Candolim beach. Said John had to carry out the construction and the expenses were to be deducted from the lease amount. Said John on condition that he should be entitled to run bar and restaurant for five years agreed and defendant agreed to make arrangements. The agreement between defendant and John Daniel was that premises should be given on lease and the money advanced by him

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