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1984 Supreme(All) 45

O.P.SAXENA, K.C.AGRAWAL
J. J. PANCHOLI – Appellant
Versus
SRIDHARJEE – Respondent


Advocates Appeared:
Gyan Prakash Srivastava, R.N.BHALLA, Rama Devi Gupta, Sripat Narain Singh

O. P. SAXENA, J.

( 1 ) THIS is a revision under Section 25 of the provincial Small Cause Courts Act against the judgment and decree dated 28-2-81 passed by the Learned II Additional District Judge. Allahabad decreeing the suit for recovery of arrears of rent, ejectment and damages for use and occupation along with interest at the rate of 12% per annum on the amount of pendente lite and future damages.

( 2 ) THE dispute relates to premises No. 24/35 Mahatma Gandhi Marg. Allahabad, more commonly known as Plaza Theatres. Apart from the accommodation in use for the cinema on the ground floor, first floor and second floor, there is a residential por tion in the second floor.

( 3 ) THE plaintiff is the landlord of the premises in suit, Sri J. P. Pancholi was the lessee of the premises. On 29th March, 1965 a lease deed was executed whereby the premises in suit were let out to Sri J. P. Pancholi on a rental of Rupees 1100/- for a period of 10 years. The lease was to continue up to 28th March, 1975.

( 4 ) ON 18-9-1974 Sri J. P. Pancholi died. He left behind three sons, Sri V. K. Pancholi, Sri J. J. Pancholi and Sri L. K. Pancholi. defendants Nos. 1, 2 and 3 respectively and two daughters. K































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