1994 Supreme(Kar) 58
M.K.MUKHERJEE, S.MOHAN
SRI LAKSHMI VENKATESHWARA ENTERPRISES PVT. LTD – Appellant
Versus
SYEDA VAJHIUNNISSA – Respondent
Advocates:
M.QAMARUDDIN, N.SANTOSH HEGDE, P.MAHALE
( 1 ) THE short facts leading to Civil Appeal are as under. The respondents executed a lease agreement on December 6, 1971 for a period of 32 years. The subject-matter of demise was a vacant site for the purpose of erection of cinema theatre by the tenant, appellant. He was put in possession. Thereupon, he applied for a licence for construction. The construction was not completed within a period of two years. The appellant made an application for renewal of licence. On objection by the respondents, the renewal was not granted. As a result, the construction of cinema theatre was not completed. The appellant defaulted in payment of arrears of rent. Therefore, the respondents filed an application under Section 21 (1) (a) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as 'the Act') and for bona fide requirement under Section 21 (1) (h) of the Act. Pending the eviction proceedings, respondents filed an application under Section 29 (1) and (4) of the Act because the appellant had not paid the rent inspite of notice.
( 2 ) ON August 18,1990, the Trial Court passed an order on LA. VI directing the appellant to pay the arrears of Rs. 3,69,000/ -. For compliance of this, th
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