DWARKA PRASAD Vs. CENTRAL TALKIES COLLECTORGANJ KANPUR

JUDGEMENT

(1.) This is a plaintiff's appeal against the dismissal of a suit for the ejectment of the defendant, the Central Talkies Ltd., Kanpur from the premises No. 73/22 old 73/28 situate in Collector-ganj and for a decree for Rs. 4500/- damages for use and occupation from 1-11-1948, upto the date of the suit at the rate of Rs. 1500/- per month.

(2.) The plaintiff alleged that the defendant was the tenant of the Central Talkies from before 1942 and that the terms for a fresh lease were settled in May 1943. The contemplated lease was not actually executed. The monthly rental, however was Rs. 550 per mensem and was paid by the defendant.

(3.) The plaintiff instituted a suit for ejectment in 1946 but withdrew it on the coming into force of the U. P. (Temporary) Control of Rent and Eviction Act (Act No. III of 1947). He then obtained permission of the District Magistrate, Kanpur, for ejecting the defendant and thereafter, giving a notice to the defendant, instituted the present suit when the defendant did not vacate and continued in possession of the premises.