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1997 Supreme(Pat) 910

R.N.PRASAD
Sri Vishwanath Sharma – Appellant
Versus
Sheo Prasad Sah – Respondent


Advocates Appeared:
For the Appellant : Mr. P. N. Singh.
For the Respondents: M/s Narmeshwar Jha, Narendra Prasad Sinha Chandra Mohan Jha.

JUDGMENT

R. N. Prasad, J.

The appeal has been filed against the judgment and decree dated 8.1.1993 passed by 2nd Addl. Dist. Judge, Sitamahrhi in Title Appeal No. 50/25 of 1990-92 affirming the Judgment and decree dated 28.8.1990 passed by Munsif. Sitawarhi (West) in Title Suit No. 9/89.

2. The plaintiffs respondents filed a suit against the defendant-appellant for eviction stating there in that they had constructed a Cinema Hall named as Mahadeo Chitra Mandir in the year 1977. They leased out the Cinema Hall to the defendant for 11 years and a deed of lease was executed on 31.7.1985 which was to expire on 31.7.1996. The monthly rent was Rs. 250/- The rent was to be paid by the 5th day of the succeeding month. In case of default in payment of rent the lessor would be entitled to evict the defendant from the suit premises. The lessee had to bear all the expenses for running the Cinema Hall, including electricity charges etc. The defendant was given possession of the Cinema Hall with all the furniture and materials for display of Cinema with effect from 1.8.1985. The defendant did not pay the monthly rent since the day the premises was leased out to him. A notice under section 106 of t


















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