SACHIDANAND DAS Vs. SANDHYA RANI DUTTA

JUDGEMENT

(1.) THIS Appeal at the instance of the defendant has been preferred against a decree of eviction passed under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act (hereinafter referred to as 'the Act').

(2.) SMT . Sandhya Rani Dutta, widow of Late Hargovind Dutta, a resident of P.N. Bose Compound, Lalpur, Ranchi, claiming to be the absolute owner of the premises detailed in the schedule annexed to the plaint filed Title Suit No. 273 of 1983 in the Court of the Special Subordinate Judge, Ranchi, against Sri Sachidanand Das, the .sole proprietor of Maa Kali Engineering Works at 6 D, R.N. Mukherjee, Road, Calcutta for a decree of eviction from the suit premises and after such eviction to be put in Khas possession thereof,

(3.) BY letter dated 30.11.1971, the lessee, M/s. Amalgamated Films acknowledge to have been put in possession of the property with the following description: 'Three contiguous plots of vacant land together with parly built Cinema Building; R.C.C. columns, lintels in the first floor complete, but R.C.C. roof slab only done in the part of the foyer; Brick work in the ground floor almost complete; some walls to be errected in the lounge portion. No roofing done over the auditorium and stage. A few walls in the foyer already plastered.'