DELHI HIGH COURT
unknown, J
D. T. T. D. C. v. M/s. D. R. Mehara and Sons
| Table of Content |
|---|
| 1. background of the license agreement and eviction. (Para 1 , 2 , 3 , 4 , 5) |
| 2. appellant's assertion of tenant rights. (Para 6 , 8) |
| 3. judicial reasoning on rights of licensees versus true owners. (Para 7 , 9 , 10 , 12 , 13) |
| 4. legal principles governing injunctions and unlawful possession. (Para 14 , 15) |
| 5. final judgment declaring dismissal of appeal. (Para 18) |
1The plaintiffs the appellant in Suit No. 1693/95. This appeal is preferred against the order in IA 7540 of 1995 and IA 7930 of 1995 dated 8-11-1995 vacating the temporary injunction granted earlier on 24-7-1995.
2. The facts of the case are as follows :
The appellant Corporation wanted to run a liquor shop and gave an advertisement on 16-4-1982 inviting tenders from owners of shops for entering into a 'licence' agreement. The respondent - owners submitted their offers and the said offer was accepted by the appellant on 3-5-1982. Thereafter a licence deed was executed on 5-5-1982 whereby the appellant agreed to pay certain percentage as compensation with a minimum guarantee of Rs. 6,000/- p.m. The licence was to be up to 31-3-1983. It was continued up to 31-3-1984. On 1-6-1984, appellant wrote to the owners inqu
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