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 Har Govind 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 Khes possession thereof.

(3.) According to the plaintiff, after having purchased the land bearing Municipal Survey Plot No. 2321, corresponding to Chhaparbandi Jamabandi No. 642 at Purulia Road, Ranchi, the constructed building and structures over it with a plan to start cinema business therein. Subsequently be registered deed of lease dated 29.11.1971, she demised the said premises in favour of M/s. Amalgamted Films for a period of 51 years commencing from 1.12.1971 and ending on 31.11.2022. Monthly rent for the premises was fixed and was made payable on or before 15th day of each and every following month. The lessee was to pay 2.3rd of the existing and future municipal taxes from the date of commencement of the cinema show as also to pay the entire amount of all other taxes and impositions for the demised premises. If monthly rent reserved remained unpaid for a period of three consecutive months, then it was made lawful for the lessor at any time thereafter to treat the demise at an end and to re-enter into the premises and enjoy the same without prejudice to every right which lessor may be entitled to against the lessee. The lessee was entitled to charge or mortgage or transfer its lease-hold interest in the demised premises or to under let or part with the possession thereof.