CHANNEL CINEMA LTD. Vs. CHOWDHURY GOLAM MALEK

JUDGEMENT

(1.) This appeal by special leave, at the instance of the plaintiff-appellant M/s. Channel Cinema Ltd., a private limited company, has arisen out of a suit for eviction of the tenant on the grounds of default of payment of rent and the Company's bonafide requirement of the premises.

(2.) The Company's case is that the tenant took lease of the suit premises for running a canteen in the passage of the plaintiffs Cinema Hall; that the tenant is a defaulter; that consistent complaints were made against the defendant for supplying low-quality food; and hence the plaintiff Company required the premises for running restaurant befitting its prestige and position.

(3.) The defendant-respondent's case is that he was not a defaulter, that he invested a lot of money for furnishing and equipping his canteen with necessary fixtures; that he supplied good food to his customers; that he was not a defaulter; that the Managing Director of the Company wanted to start the canteen-business himself; that when the landlord attempted lo evict him forcibly he instituted a title suit and obtained an order of injunction against the landlord; and that the suit for eviction was an afterthought and based on false and concocted allegation.