BEHRA BHASKARA RAO Vs. KAMESWARI ENTERPRISES

JUDGEMENT

(1.) O.S. No. 88 of 1997 was instituted by M/s. Kameswari Enterprises for recovery of an amount of Rs. 4,50,000/- from Behara Bhaskara Rao (first defendant) and Behara Rama Lakshmi (second defendant) with subsequent interest at the rate of 18% p.a.; for compensation and for injunction restraining defendant Nos. 1 and 2 their men from interfering with the quite enjoyment of the suit schedule premises. O.S. No. 2 of 1998 was instituted by Behara Bhaskara Rao and Behara Rama Lakshmi against M/s. Kameswari Enterprises (first defendant) for recovery of an amount of Rs. 1,38,003.75 towards damages for use and occupation of the plaint schedule property with subsequent interest at the rate of 12% p.a. O.S. No. 33 of 1999 was instituted by Behara Bhaskara Rao and Behara Rama Lakshmi against M/s. Kameswari Enterprises (first defendant) for recovery of an amount of Rs. 3,31,209/- towards damages for use and occupation of the plaint schedule property with subsequent interest at the rate of 12% p.a. O.S. No. 95 of 1999 was instituted by Behara Bhaskara Rao and Behara Rama Lakshmi for recovery and possession of the plaint schedule property by evicting M/s. Kameswari Enterprises (first defendant) and for future damages for use and occupation of the plaint schedule property. Additional Senior Civil Judge, Srikakulam by common judgment dated 13-10-2003 dismissed O.S. No. 88 of 1997; O.S. No. 2 of 1998 is decreed in part; O.S. No. 33 of 1999 is decreed in part and O.S. No. 95 of 1999 is decreed with interest directing the first defendant to put the plaintiff in possession of the demised premises by vacating the same within three months from the date of judgment. Thus, Behara Bhaskara Rao succeeded in all the four original suits against M/s. Kameswari Enterprises.

(2.) Aggrieved by the common judgment and decree dated 13-10-2003, passed by the Additional Senior Civil Judge, Srikakulam, three Appeal Suits are instituted in this Court. A.S. No. 3702 of 2003 is directed against O.S. No. 88 of 1997. A.S. No. 3747 of 2003 is directed against O.S. No. 2 of 1998. A.S. No. 3746 of 2003 is directed against O.S. No. 33 of 1999.

(3.) The property in dispute is the premises containing Sri Lakshmi Talkies Cinema Theatre. On 01-08-1982. Behara Bhaskara Rao granted lease in favour of M/s. Kameswari Enterprises for a period of 15 years to run Sri Lakshmi Cinema theatre (suit schedule property). This lease expired on 31-07-1997 and thereafter no further lease was granted. In Civil Miscellaneous Petition No. 27522 of 2003 filed in A.S. No. 3702 of 2003 by the petitioner/appellant, this Court by an order dated 27-11-2003, granted interim injunction on condition of petitioner/appellant depositing the suit costs within four weeks from that date. It is represented that the petitioner/appellant is in possession of the suit schedule property. Late Behara Bhaskara Rao was arrayed as first respondent in all the three Appeal Suits pending before this Court. Since decrees were passed against M/s. Kameswari Enterprises and there was no valid possession, the competent authority has not granted renewal of license to operate the cinema theatre and therefore no cinema theatre is running. Aggrieved by not renewing the license to run the cinema theatre, M/s. Kameswari Enterprises instituted a writ petition before this Court but the same was dismissed. Aggrieved thereby. Writ Appeal is filed but later it was withdrawn. However, in view of the injunction order granted by this Court on 27-11-2003. M/s. Kameswari Enterprises continues to be in possession of the suit schedule property.