MOHD YOUSUF MOHD MAQBOOL Vs. BAKSHI ANWAR AFTAB

JUDGEMENT

(1.) DEFENDANT No.1 in Civil Original Suit No.222 of 1987 filed by respondents 1 to 4 pending before the learned single Judge of this Court at Srinagar filed this appeal against the order passed in C.M.P. No.183 of 1987 appointing the Receiver for the suit property under Order 40 Rule 1 of the Code of Civil Procedure by order dated October 23, 1987. Respondents 5 to 7 are proforma respondents, who are the defendants 2 to 4 in the said suit.

(2.) THE facts giving rise to the present appeal briefly stated are as projected in the plaint: - That respondents 1 to 4 being sons and widow of late Mr. Bakshi Abcul Majid alleging themselves to be the owners of the demised premises filed a suit for eviction of the suit property including the land bearing part of Khasra No. 138 Min 140 Min at Bagh -i -Hari Singh, Srinagar measuring 31,332sq.ft. Building and structures standing thereon known as "Regal Cinema" consisting of Cinema Hall, Nine shops, Generating set room, Servants quarters, Managers Office and Machinery Equipment and paraphernalia such as Projector, cine equipment, fixtures, furnitures, sitting arrangements, belongings electricals and sanitary fittings and other assets necessary for running the Cinema business together with all Licences, permissions,approvals and sanctions under the Cinematographic Act, the Rules, bye laws and approvals of the Municipal Act, etc, which are collectively referred in the suit as the suit premises.

(3.) THE entire case of the plaintiffs is based on registered deed of agreement dated May 14, 1966 executed between 1) Haji Mohammad. Yousuf, 2) Haji Mohammad Maqbool, residents of Nowshera, Srinagar collectively called Party -A) and Bakshi Abdul Majid of Nawpura, Srinagar called Party B) and Mrs. Maqsuda Begum wife of Bakshi Abdul Majid called Party -C). The demised land belonged to Party -C). The licence for the construction of Building for the purpose of running of cinema stood in the name of Party -B). Initially the deed of agreement was executed and registered on May 14,1966, then it was supplemented by two more deeds of agreements executed on November 24,1967 and August 29, 1974. The terms and conditions are detailed in the three agreements with modifications additions and variations. The details of which are not necessary to be reproduced for the purpose of disposal of this appeal. However, the salient features of the lease are: -