MANGALA WAMAN KARANDIKAR (D) TR. LRS versus PRAKASH DAMODAR RANADE

MANGALA WAMAN KARANDIKAR (D) TR. LRS versus PRAKASH DAMODAR RANADE

The agreement dated 07.02.1963, read in its terms, created a license for the continuation/transfer of the existing business in the name 'Karandikar Brothers' (with payment of a royalty of Rs.90 per month) and did not create an interest in the shop premises; Section 92 bars admission of extrinsic/parol evidence to contradict clear written terms and Section 95/proviso is only applicable where the document is ambiguous; accordingly the High Court erred in admitting extrinsic evidence and in holding the agreement covered by the Bombay Rent Act, and the trial court decree in favour of the appellant is to be restored.

Parties
Appellant: MANGALA WAMAN KARANDIKAR (D) TR. LRS.; Respondent: PRAKASH DAMODAR RANADE
Jurisdiction
India
Judgment Date
07 May 2021
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order Dated 07.11.2009 of the High Court of Judicature at Bombay in Second Appeal No.537 of 1991 (civil Appeal No. 10827 of 2010)
Outcome
Appeal allowed; impugned order of the Bombay High Court dated 07.11.2009 set aside; decree of the trial court restored
Legal Topics
Interpretation of Documents, Section 92 Indian Evidence Act Exclusion of Oral Evidence, Section 95 Indian Evidence Act Document Unmeaning in Reference to Existing Facts, License to Conduct Business Vs. License/lease of Premises, Jurisdiction Under Bombay Rent Act
Contract Law Evidence (indian Evidence Act) Rent Control Law Civil Procedure and Jurisdiction Interpretation of Documents Section 92 Indian Evidence Act Exclusion of Oral Evidence Section 95 Indian Evidence Act Document Unmeaning in Reference to Existing Facts License to Conduct Business Vs. License/lease of Premises +1 more

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Parties

MANGALA WAMAN KARANDIKAR (D) TR. LRS.

Appellant

PRAKASH DAMODAR RANADE

Respondent

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order Dated 07.11.2009 of the High Court of Judicature at Bombay in Second Appeal No.537 of 1991 (civil Appeal No. 10827 of 2010)

Legal Issues

  1. 1 Whether the agreement dated 07.02.1963 created an interest in the premises (lease/license) or was a license for continuation/transfer of an existing business
  2. 2 Whether extrinsic/parol evidence was admissible under Section 95 of the Indian Evidence Act to interpret the document or to contradict/vary its terms contrary to Section 92
  3. 3 Whether the Bombay Rent Act applied and whether the trial court's jurisdiction was ousted

Ratio Decidendi

The agreement dated 07.02.1963, read in its terms, created a license for the continuation/transfer of the existing business in the name 'Karandikar Brothers' (with payment of a royalty of Rs.90 per month) and did not create an interest in the shop premises; Section 92 bars admission of extrinsic/parol evidence to contradict clear written terms and Section 95/proviso is only applicable where the document is ambiguous; accordingly the High Court erred in admitting extrinsic evidence and in holding the agreement covered by the Bombay Rent Act, and the trial court decree in favour of the appellant is to be restored.

Court Disposition

Appeal allowed; impugned order of the Bombay High Court dated 07.11.2009 set aside; decree of the trial court restored

Orders

  • Impugned order dated 07.11.2009 of the High Court of Judicature at Bombay in Second Appeal No. 537 of 1991 set aside