SANDHYA RANI DUTTA Vs. SACHIDANAND DAS

JUDGEMENT

(1.) THIS appeal under clause 10 of the Letters Patent is directed against the judgment dated 29.9.1995 passed in First Appeal No. 81/85(R) whereby the learned Single Judge allowed the appeal filed by the tenant and set aside the judgment and decree passed by the Subordinate Judge, Ranchi in Title Suit No. 273/83.

(2.) THE present appellant is the owner of the suit property. She constructed building and structures over the suit land in order to start cinema business. The case of the plaintiff -appellant is that she executed a registered deed of lease in the year. 1971 in favour of Amalgamated Films for a period of 51 years. The subject matter of the lease was the land. building and some other incomplete structures. In terms of the lease deed monthly rent of the premises was payable on or before 15th day of each following month and also 2/3rd of the existing and future municipal taxes from the date of commencement of the cinema show, it was alleged that the lessee paid monthly rent upto 1981 and. thereafter assigned the lease hold interest to the

(3.) THE defendant -appellant contested the suit by filing written statement stating. inter alia, that the suit was barred under Section 47 of the Code of Civil Procedure. Defendants further case was that the plaintiff already realised the arrears of rent and municipal taxes vide Execution Case No. 7/83. The plaintiff, thereafter, filed Execution Case No. 1/84 for recovery of the suit property. The defendant contended that the rent for the month of September to November. 1983 was sent to the plaintiff in time as per the regular accepted mode of payment and further the defendant has been sending monthly rent for the month of December. 1983 onwards through cheques by registered post and, therefore, the plaintiff is not entitled to a decree for eviction on the ground of nonpayment of arrears of rent and current rent.