JAHAR ROY (DEAD THROUGH L.RS) AND ANR. versus PREMJI BHIMJI MANSATA AND ANR.

JAHAR ROY (DEAD THROUGH L.RS) AND ANR. versus PREMJI BHIMJI MANSATA AND ANR.

A suit by one joint promisee, making the other as a proforma co-defendant with no relief claimed against him, is maintainable; after expiry of licence, appellants became trespassers and are liable for compensation; only dramas actually staged during the week before expiry benefit from extension per proviso, and compensation is equally payable to both joint promisees.

Parties
Appellant: Jahar Roy (Dead through L.Rs); Appellant: Smt. Sarjubala Devi; Respondent: Premji Bhimji Mansata; Respondent: Jitendra Nath Bose
Jurisdiction
India
Judgment Date
03 November 1977
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment and Decree
Outcome
Appeal dismissed with minor modification
Legal Topics
Devolution of Joint Rights, Maintainability of Suit by One Joint Promisee, Proforma Defendant, Specific Relief, Permanent Injunction, Compensation
Contract Law Civil Procedure Devolution of Joint Rights Maintainability of Suit by One Joint Promisee Proforma Defendant Specific Relief Permanent Injunction Compensation

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Parties

Jahar Roy (Dead through L.Rs)

Appellant

Smt. Sarjubala Devi

Appellant

Premji Bhimji Mansata

Respondent

Jitendra Nath Bose

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment and Decree

Legal Issues

  1. 1 Whether a suit by one joint promisee, making the other as co-defendant, is maintainable.
  2. 2 Whether the interest and relief can be claimed solely by one joint promisee without joinder of the other as co-plaintiff.
  3. 3 Termination of license under agreement and entitlement to compensation.

Ratio Decidendi

A suit by one joint promisee, making the other as a proforma co-defendant with no relief claimed against him, is maintainable; after expiry of licence, appellants became trespassers and are liable for compensation; only dramas actually staged during the week before expiry benefit from extension per proviso, and compensation is equally payable to both joint promisees.

Court Disposition

Appeal dismissed with minor modification

Orders

  • Modification: Both plaintiff and defendant No. 3 are entitled to compensation equally at Rs. 5275/- per month.
  • No order as to costs in Supreme Court.