2024:BHC-AS:16742 ANANT D b K y Rig IAi St Na Hl Al Ny N As T i Ngn Ae Id K FA 811-86 Judgment(STM).doc KRISHNA Date:

NAIK 2024.04.10

12:17:27 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 811 OF 1986 Yashwant Chandrakant Patil (since deceased)

Through legal heirs

1(a) Hanmant Chandru Patil (since deceased)

Through legal heirs

1(a)1 Kamlabhai Hanmant Patil

1(a)2 Ashok Hanmant Patil

1(a)3 Dattatray Hanmant Patil

1(a)4 Sanjay Hanmant Patil having address at 183, Raut Lane, Village - Shittur Tarf Varun, Taluka-Shahuwadi, District - Kolhapur 416214

1(b) Baburao Chandru Patil, Age 70 years ..Appellants residing at Baibhav Apartments, Building No. 3 4th Floor, Block No. 402, Sanghani Estate, LBS Marg, Mumbai - 400086 Versus Mukund Nethaji Shelke (since deceased)

Through legal heirs

1(a) Anusaya Mukund Shelke (deceased)

1(b) Manish Mukund Shelke, Age 38 years.

Occ: Business, residing at B-31, Hit-Niketan Co-

operative Housing Society Ltd. S.P.S. Road, Kokan Nagar, Bhandup (West), Mumbai – 400078 ...Respondent WITH CIVIL APPLICATION NO. 517 OF 2017 IN CIVIL APPLICATION NO. 656 OF 2016 WITH CIVIL APPLICATION NO. 656 OF 2016 WITH INTERIM APPLICATION NO. 2906 OF 2020 WITH INTERIM APPLICATION NO. 12982 OF 2023 WITH INTERIM APPLICATION NO. 16634 OF 2022 IN FIRST APPEAL NO. 811 OF 1986 Manish Mukund Shelke . ..Applicant IN THE MATTER BETWEEN Yeshwant Chandrakant Patil (deceased) Thr. Lrs. Shri. Hanmant Chandru Patil (deceased) Thr. Lrs.

Kamlabhai Hanmant Patil And Ors. ...Appellants Vs Mukund Nethaji Shelke (since deceased)

Through Lrs. Manish Mukund Shelke ....Respondents ***

Mr. Ajay Panicker i/b Ajay Law Associates for the Appellants.

Mr. Balkrishna Joshi a/w. Adv. Virendra Pethe for the Respondents and for Applicant in all Applications.

***

CORAM : M. M. SATHAYE, J. RESERVED ON : 18 December 2023 PRONOUNCED ON : 14 MARCH 2024 JUDGMENT :

1. This Appeal is filed challenging the judgment and decree dated 7 March 1986 passed by the Judge, City Civil Court, Bombay in S. C. Suit No. 6153 of 1980. The Appeal is filed by the Plaintiff. By the said Judgment and Decree, the suit filed by the Appellant/Plaintiff is dismissed. For the sake of convenience the Appellant is hereinafter referred to as the Plaintiff and the Respondent is hereinafter referred to as the Defendant in their original capacity in the suit.

2. The Plaintiff filed the said suit claiming to be the owner of the business of a printing press, which he has been carrying in the name and style of "Yeshwant Printing Press" in the suit premises (“the suit business” for short). The description of the suit premises given in the Plaint is only the description of the plot on which the suit building is standing. It is stated to be plot No. 8, Sai Niwas Plot, Netaji Baug, Agra Road, Opposite A.P.I. Company, Bhandup, Bombay - 400078. The Plaintiff claims to be the owner of the machinery, furniture, fixtures and other connected things with the said printing press. He claims to have all relevant licenses required for carrying on the suit business. He claims that due to his ill health, he was medically advised to take rest and the Defendant was known to him as he had earlier conducted and managed the Plaintiff's printing press business. The Plaintiff further claims that the Defendant requested the Plaintiff to allow him to conduct and manage the suit business for a certain period. It is claimed that after due negotiations, the Plaintiff gave the suit business to the Defendant for conducting under the Conducting Agreement dated 1 October 1977. It is worth mentioning at this stage that the suit premises involved are in fact described in this Conducting Agreement, being premises admeasuring about 20 feet by 10 feet construction on the suit plot as mentioned in the plaint. It is further contended that the term of the said Conducting Agreement was of 3 years, which expired on 30 September 1980. It is contended that by efflux of time the said Conducting Agreement came to an en