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1985 Supreme(Kar) 332

D.R.VITHAL RAO, M.N.VENKATACHALIAH
M/S. PATIL EXHIBITORS PVT. LTD. – Appellant
Versus
BANGALORE CIT-Y CORPORATION – Respondent


Advocates:
B.Vedanta lyengar, H.B.DATAR, R.V.VASANTH KUMAR

VENKATACHALIAH, J.

( 1 ) THIS appeal is by the plaintiff and is directed against the order dt 31-8-1985 on I. A. I. on O. S. No. 2724 of 1985 on the file of the XI Addl Civil Judge, Bangalore City, declining an interlocutory injunction restraining dispossession.

( 2 ) M/s. Patil Exhibitors (Pvt.) Ltd. , -appellant, was lessee of the Municipal Corporation of Bangalore - respondent respecting the plaint schedule property, viz. , a Cinema-house located in the public utility building on the M. G. Road, Bangalore, under a deed of lease dt. 31-10-1981. The term of the lease came to an end, by efflux of time, on the expiry of 31-8-1985. Even before the expiry of the term under the lease, appellant brought the present suit for specific enforcement of an alleged agreement to renew the lease said to be contained in Cl. 27 of the said deed dt. 31-10-1981. In the suit, appellant filed I. A. I. under 0. 39 Rr. 1 and 2 CPC for an interlocutory possessory remedy of a temporary injunction restraining respondent-lessor from interfering with the plaintiffs possession of the cinema-house.

( 3 ) THE appeal is in the list of admission cases for the day. Sri R. V. Vasantha Kumar, learned Counsel took no















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