SHRIMANT SARDAR VIRENDRASINGH Vs. MANOHAR

JUDGEMENT

(1.) THIS is plaintiffs appeal against the judgment and decree dated 23-7-2003 passed in C. S. No. 50-A/2000 decreeing the suit filed by him under Section 12 (1) (N) of M. P. Accommodation Control Act, 1961 (hereinafter called the rent Act) with a condition that he would pay the cost of structure a talkies determined by a Commissioner, before possession. The plaintiff is aggrieved only about this condition. The defendants have also filed appeal challenging the decree of ejectment in F. A No. 522/2003. Both the appeal will be decided by this common judgment because both have arisen against the same judgment.

(2.) BRIEF facts of the case are that on 07-06-1923 a land named as chhatri compound was leased out to Narhari Ashley and Manohar Kapadey by a registered lease deed for running a Cinema Theatre at a monthly rent of rs. 60. It was also agreed between the parties that at the time of eviction the vacant possession of the land will be delivered after removing the super structure. Subsequently Narhari and Manohar become insolvent and the property went under the control of Courts of Wards namely Manohar Bhandarkar, surajmal and Mr. B. P. Gupta advocate. The property went under the plaintiff on 11-12-1952 from the Court's of Wards. In the meantime Shri Krishna Cinema was leased out to M/s. Supreme General in 1943 and in 1955 M/s. Govindram sexsaria Charity Trust it was sub let to M/s. Pradeep Pictures in 1955. In the year of 1982 Shree Krishna Cinema came under the possession of defendants no. 1 and No. 2 and after death of Narhari defendant No. 1 his heirs relinquished their rights in favour of Vishnu Kapadey the defendant No. 2.

(3.) ON 21-05-1968 plaintiff instituted a suit for eviction under Section 12 (1) F of the rent Act and on 16-12-1997 the plaint was amended and a ground of 12 (l)n of the Act has been added by the plaintiff.