RANVIJAYA SHAHI Vs. BALA PRASAD MOTANI

JUDGEMENT

(1.) This appeal is directed against the decree in a suit for money as rent of a cinema 'house in the following circumstances.

(2.) It is said that the premises in which the said cinema, called Janta Cinema, is located at Bettiah belong to the respondent. He had granted a lease thereof in favour of one Mansukhani in the year 1947 for a period of five years. This lease was assigned to the appellant's mother in the year 1949. The term of the lease was to expire on 31st of August 1952. Another lease was taken by the appellant with effect from 1st of Sept. 1952 for a period of 15 years at a stipulated rent of Rs. 350/- per month. Meanwhile, the father of the appellant took a mortagage of the same propertv in November 1949. The Respondent alleges that the rent due from the appellant for the period beginning with the lease and ending with Jan. 1957 had been paid off after some remissions granted to the appellant. There were, however, dues regarding the rental with effect from February 1957 to Jan. 1963. He. therefore, filed the present suit for recovery of a sum of Rs. 25,200/- and also prayed for eviction of the appellant on the ground of non-payment of rent. Further, he claimed pendente lite and future interests.

(3.) The defence of the appellant is that it was reallv his father who was the assignee of the first lease, who was also the mortagagee and again who was the lessee under the subsequent lease, the mother and the appellant himself being mere name-lenders. In that view of the matter, it is said that the same person who was the lessee before and the usufructuary mortgagee thereafter was not bound to pay anv rent, whatsoever, under the subseauent lease to the respondent. In the alternative, the appellant claimed set-off of various amounts due under one title or the other.