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1980 Supreme(Goa) 7

K.M.MISHRA
Silvestre Loiola Fernandes – Appellant
Versus
Victor Manuel Fernandes – Respondent


Advocates Appeared:
S.K. Kakodkar, for Appellant; M.S. Usgaonkar, for Respondent.

JUDGMENT :- This First Civil Appeal preferred against the decree passed by the Civil Judge, Senior Division, Mapusa, raises the question as to the validity of an agreement dated 10/14-6-1968 entered into between the plaintiff and the defendant who is the appellant here.

2. The plaintiffs case is that he is the owner of a commercial establishment known as "Elite Agencies" situated at Mapusa in the premises of Dr. Constancio Mascarenhas. In the said premises he was carrying on business in wines, spirits, alcohol and provision, being the holder of import licence including drug licence, wholesale licence, retail licence and bonded warehouse licence. He was also running a bar there. Due to illhealth he decided to entrust the management of the said establishment to a person experienced in that line. The defendant represented that he had enough experience in the trade. Accordingly they entered into a contract whereby the plaintiff entrusted the defendant with the management of the establishment including running of the bar, wholesale business and retail business for a period of seven years from 1-6-1968 to 31-5-1975 on payment of Rs. 1,332,00 as yearly compensation payable in two equal ins






















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