CENTRAL TALKIES Vs. LALA DWARKA PRASAD

JUDGEMENT

(1.) This is an application by the defendants to obtain from us a certificate to the effect that the appeal which they propose to prefer to the Supreme Court satisfies the requirements of Article 133 of the Constitution.

(2.) There is a big and costly building of a cinema house in Collectorganj at Kanpur. Its value at present exceeds Rs. 20,000 /-, and it is the common case of the parties that, at all material times, it has exceeded Rs. 20,000/-. In other words, from the commencement of the lease, to be shortly mentioned, till now it has been worth considerably more than Rs. 20,000/-.

(3.) The applicants obtained a lease of this cinema house from the opposite party. Sometime later, the opposite party brought a suit for the applicants' ejectment from that building. Before instituting the suit he had obtained from the District Magistrate of Kanpur permission under Section 3, U. P. Control of Rent and Eviction Act (3 of 1947) to institute the suit. The plea in defence was that permission was not valid and therefore the suit was not maintainable. This plea was upheld by the learned Civil Judge who dismissed the suit on that ground alone. On appeal, this Court held that the permission given by the District Magistrate was valid. The appeal was, therefore, allowed and the applicants' ejectment was ordered.