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1977 Supreme(Cal) 66

SHARMA, A.N.BANERJEE, JANAH
SYED ALI KAISER – Appellant
Versus
AYESHA BEGUM – Respondent


Advocates Appeared:
HARI NARAYAN MUKHERJEE, MONON KUMAR GHOSH, P.N.MITTER, PRONAB KUMAR GHOSH, RANJIT KUMAR BANERJEE, Sudhir Kumar Bose

JANAH, J.

( 1 ) THIS appeal is by the defendant and it arises out of a suit for recovery of possession of a cinema house on the expiry of the lease. The plaintiffs case is that she is the owner of premises No. 2-C. Krishna Lal Das Road on which the disputed cinema house stands. The major nortion of the suit premises along with fittings, fixtures and furniture was demised to the defendant under a registered Deed of Lease dated June 29, 1951 for the purpose of showing cinema films and for variety shows and other light entertainments The lease was for a term of 15 years commenting from 1st June 1951 with option of renewal by the lessee for a further period of one year. The rent reserved was at a progressive rate, the rent for the last five years being at the rate of Rs. 1,150/- per month and the same rate of rent was also reserved in case the lessee exercised the option for a further period of one year. On the expiry of the original term of 15 years the defendant exercised his option for a further period of one year and on the expiry of the said further period on 31st May 1967 he was served with a notice by the plaintiff demanding possession. The defendant having failed to comply wit







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