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1996 Supreme(All) 295

B.S.CHAUHAN, R.A.SHARMA
WAF ALALAULAD – Appellant
Versus
M/s. SUNDARDAS DAULATRAM AND SONS – Respondent


Advocates Appeared:
N.N.Singh, R.P.GOEL

R. A. SHARMA, J.


( 1 ) ON 26/05/1950, Waqf Alalaulad through its Mutwalli (hereinafter referred to as the owner) executed a lease deed of its property (herein after referred to as the property) in favour of Sri Om Prakash Gupta for the purposes of running a cinema house. The said lease was for a period of 45 years with effect from 1-1-1950 with a stipulation for its renewal for a further period of 15 years. Period of the lease expired on 31-12-1994. The owner took possession of the property after mid-night of 3 1/12/1994. Being aggrieved, M/s. Sundardas Daulatram and sons and M/s. Imperial Theatres (hereinafter referred to as the tenants) filed a writ petition on 6/03/1995 before this Court for the following reliefs :" (a) Issue a writ, order or direction in the nature of mandamus commanding the respondents 1 and 2 to force the respondents 3, 4 and 5 to restore back possession of the premises in dispute to the petitioners. (b) Issue a. writ, order or direction in the nature of mandamus commanding the respondents 1 and 2 to maintain law and order at least providing the protection of law to the petitioners whereby they may enjoy and exercise their legal rights and fundamental rights
















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