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1983 Supreme(Bom) 374

WAIKAR
Supreme General Films Exchange Private Limited, Bombay – Appellant
Versus
Durgaprasad Jagannath Tiwari – Respondent


Advocates:
V.R. Manohar and V.C. Daga, for Appellant; J.C. Pande, for Respondent.

JUDGEMENT:- This appeal is preferred by the original Plaintiff M/s. Supreme General Films Exchange Pvt. Ltd., Company, against the order passed by the learned Civil Judge (Senior Division) rejecting its application for ad interim injunction under Order 39, Rules 1 and 2, C. P. Code.

2. A few relevant facts are these: The plot in question, on which the cinema-theatre runs under the name and style 'Shri Talkies' exists belongs to the respondent (defendant). He had leased out the open plot on 28-2-1945 to one Chunnilal Desai for a period of twenty years. In the year 1962, respondent Durgadas came to know that his tenant Chunnilal had inducted the present appellant. He, therefore, filed Special Civil Suit No. 34 of 1964 against his lessee Chunnilal for eviction and mesne profits in which he also impleaded the present appellant. The trial Court had partly decreed the claim but the relief of ejectment, however, was denied. Two appeals therefore, were preferred-one by owner Durgaprasad and the other by the lessee Chunnilal - which were heard together in the High Court. Both the appeals were disposed of in terms of a compromise that was arrived at. The relevant terms of the said compromise





















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