CHARUSILA DASSI Vs. MADAN THEATRES LTD.

JUDGEMENT

(1.) THE plaintiff in this suit claims possession of the two cinema houses, named Sree Cinema and Uttara Cinema, formerly known as Cornwallis theatre and Crown Cinema respectively at No. 138/1 and 138/2 Cornwallis Street, Calcutta, on the ground of forfeiture. The defendant company is alleged to have committed breach of the covenant in the lease between the plaintiff and the defendant company dated 19 -8 -1933, which provides that the lessee shall keep a box, not less than four seats in each of the said cinema houses at the disposal of the lessor for the use of herself or other person or persons authorised by her or on her behalf and if the lessor so desires in writing the defendant company shall instead of four seats in the box permit 6 persons in the stall and 8 persons in the gallery or pit to view the performance held in the aforesaid two demised premises. The allegation is that the defendant company has committed breach of this covenant. That is the cause of action.

(2.) THE main dispute in this suit may be stated briefly at the outset.

(3.) IT is admitted by the defendant company and the two Receiver defendants that the admittance of the Cinema was refused to the plaintiff and/or her nominees on this ground. The plaintiff gave notice of forfeiture and gave the defendants time to remedy such alleged breach. As the defendants did not yield on the point, the plaintiff has sued for possession.