Rajiv Sahai Endlaw, J.

1. The plaintiff has instituted this suit for mandatory injunction directing the defendant to remove itself and its products and to stop displaying and selling its products from the basement, ground and first floors admeasuring 5900 sq. ft. in property No.E-16, South Extension Part-II, New Delhi and/or from using the said property in any manner whatsoever and for damages/mesne profits from the date of institution of the suit till the defendant uses the said portion of the property, together with interest thereon, pleading:

(i) that the parties on 9th December, 1989 entered into a Joint Retail Venture Agreement in terms of which the plaintiff had allowed the defendant’s products to be sold from the basement and ground floor of the said property for a period of 15 years renewable for another 5 years on mutually acceptable terms with either party being entitled to terminate the Agreement by giving six months prior written notice;

(ii) that the terms and conditions were changed in terms of defendant’s letter dated 19th July, 1999 which inter alia extended the term of the Agreement by 12 years with effect from 1st October, 1999 and made the Agreement te