LAWS(MPH)-1959-2-5

DAMMULAL Vs. KALAWATI DEVI

Decided On February 06, 1959
DAMMULAL Appellant
V/S
KALAWATI DEVI Respondents

JUDGEMENT

(1.) This is a defendants' appeal from the decree for money passed by the Court of Additional Civil Judge (Class I), Jabalpur, in civil suit No. 36-B of 1951 (18-B of 1952), dated 3rd February 1955.

(2.) The suit was based on a bond (Exh. P. 5), dated 9th January 1950, for Rs. 7,000/-. It purports to be executed in favour of the plaintiff-respondent by defendants Nos. 1 and 2 as principal debtors, and by defendant No. 3 as their surety, in consideration of surrender by the plaintiff of her rights under the lease deed Exh. D-7, dated 23-10-1948. The circumstances under which the bond was executed are as under.

(3.) A building at Jabalpur, called the Gulab Theatre, admittedly belonged to three brothers, Biranlal, Ballilal and Chhotelal. Chhotelal is dead and has left a son Chokhelal (D.W. 3). The three brothers leased the Gulab Theatre to one Jamunadas for a period of six years on a monthly rent of Rs. 300/- under a patta (Exh. D-5) dated 1st July 1944. The lease was renewable for a further period of two years on a monthly rent of Rs. 350/-. Jamunadas entered into an agreement with defendants Nos. land 2 vide Exh. D-4, dated 28th May 1947, for transfer of his rights for the remaining period of the lease. It appears that shortly afterwards the Gulab Theatre was damaged by fire and accordingly defendants Nos. 1 and 2 placed the lessors in its possession for reconstruction. Chhotelal thereafter executed an agreement of lease (Exh. D-7), dated 23 October 1948, in favour of the plaintiff, whereby he purported to give a lease of the Gulab Theatre to her for a period of five years on a monthly rent of Rs. 1,000/-. The document also evidences an agreement between them that they would run cinema shows in the building in partnership in which the plaintiff would have a -/12/-share. The document also shows that the plaintiff was to pay in advance to Chhotelal a sum of Rs. 6,000/- on account of the rent for six months, out of which Chhotelal was liable for Rs. 1,500/- according to his share in the partnership. This is the document the rights under which were said to be, ultimately surrendered by the plaintiff in favour of defendants Nos. 1 and 2.