BISHAMBHAR DAYAL Vs. MOOLCHAND

JUDGEMENT

(1.) THIS is a second appeal by the defendants Bishambhar Dayal and Sharvanlal. The latter died during the pendency of this appeal and his legal representatives have been brought on record. By the decree passed in this case by the learned civil Judge, Gangapur and confirmed by the District Judge, Bharatpur, the defendants have been restrained from interfering by themselves or through others in the exhibition of films in cinema building known as Prakash Talkies or outside it at Hindaum Further by the decree, plaintiffs have been given possession of the cinema, house, its furniture and cinematograph etc. which was in possession of the receiver.

(2.) MOOLCHAND plaintiff filed the suit and the plaint has been drawn in a very disingeneou's manner. There is no reference in the plaint to the partnership between the parties in the cinema business. Plaintiff describes himself as the sole proprietor of the cinema house known as Prakash Talkies in the town of Hindaun having a licence granted under the Rajasthan Cinema Regulations Act, 1952 expiring on 3ist March, 1960.

(3.) ACCORDING to the plaint allegations, defendants were mere interlopers who on account of bad relations with the plaintiffs were interfering in the exhibition Of films at the cinema house. It also mentions that on account of the illegal activities of the defendants, the plaintiff had to take re course to proceedings under Section 107 of the Code of Criminal Procedure against the defendants. On these allegations the plaintiff proved for a permanent injunction being granted against the defendants, from interfering in the running of the cinema business and other connected incidental matters.