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1962 Supreme(Pat) 20

V.RAMASWAMI, R.K.CHOUDHARY
Badri Prasad – Appellant
Versus
Shyam Lal Jaiswal – Respondent


Judgment

1. It appears that the petitioner in all these applications filed 11 Small Cause Court Suits for realisation of his share of monthly rental of Rs. 250.00 in regard to a cinema building located in Siwan, and the case of the petitioner was that the cinema building belonged to him and defendant No. 4, who jointly executed a lease of the building in favour of defendant No. 1 on a monthly rental of Rs. 375. The document of lease was executed on the 26th of April 1955. The case of the petitioner is that there was a subsequent partition suit between the plaintiff and defendant No. 4 and on the 14th of Juno, 1958, there was a compromise decree in the partition suit. By virtue of this compromise decree most of the properties of the joint family were partitioned, but the cinema building could not be partitioned. It was decided that the petitioner Badri Prasad should have two-thirds share and defendant No. 4 Jagarnath Prasad should have one-third share in this cinema building. Notice of the partition was given to defendant No. 1, who agreed to the arrangement and commenced paying the sum of Rs. 250 per month as rent to the petitioner for his share and Rs. 125 per month to defendant No











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