Akil Kureshi, J.

This appeal is directed against the judgment of the learned Single Judge dated dated 11.06.1991 in First Appeal No.771 of 1982. We would like to borrow facts from the judgment of the learned Single Judge. One Haridas Kevalram was the owner and landlord of Shop No.D-23, situated at Gandhidham, Kachchh. He gave that shop on lease to Thadharam Chavla, father of original plaintiffs no.1 and 3 and husband of plaintiff no.2. This happened some time in the year 1951. In January 1959, Thadaram gave the shop to the defendants under various documents executed from time to time. Thadaram died in October 1966. On 20.10.1972 an agreement- Exh.129 came to be executed between the plaintiffs and defendants which was titled as “agreement to run a business”.

1.1 The plaintiffs filed Special Civil Suit No.84 of 1977 against the defendants and prayed for direction to defendants to hand over peaceful charge of running business of Chawla Cafe and Milk Bar situated at Shop No.D/22-23 at Gandhidham along with all its property articles as shown in the list attached with the licence agreement dated 20.09.1972. They also claimed Rs.4,100/- towards arrears of licence fee due from 01.0