LAWS(CAL)-1964-5-6

GODABARI DEBI GANERIWALLA Vs. NAND KISHORE BAGARIA

Decided On May 21, 1964
GODABARI DEBI GANERIWALLA Appellant
V/S
NAND KISHORE BAGARIA Respondents

JUDGEMENT

(1.) THE suit I have now been called upon to decide is an 'ancient' one instituted on April 12, 1949.

(2.) AN action in ejectment, it is founded on forfeiture of a lease dated january 16, 1943, concerning a cinema house, then known as Shree Bharat laxmi Talkie and now as Prabhat cinema, at 135a Chittaranjan Avenue at the junction of Chittaranjan Avenue and Mahatma Gandhi Road. Ejectment apart, two other reliefs bulk large : mesne profits at Rs. 300 a day and damages to the tune of Rs. 1,10,000.

(3.) THOUGH dated January 16, 1943, the lease runs from January 1, 1942, and for a term of 5 years. The lessor is one Rameswarlal Ganeriwalla, the lessee being Birijratan Daga. The monthly rent reserved is Rs. 1,925 made up of Rs. 800 for the land with the messuages, tenements and shops plus rs. 1,125 for cinema theatres, machinery and furniture.