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1978 Supreme(All) 550

K.N.SINGH
Pooran Chand Seth – Appellant
Versus
Prabhat Kunwar – Respondent


Advocates:
B. Dayal and Vishnu Sahai, for Applicant, K.C. Saksena, for Respondent.

ORDER :- This is a defendants application under S.25 of the Provincial Small Cause Courts Act, 1887, against the order of the Additional District Judge, Muzaffarnagar, exercising powers of the Judge, Small Causes Court, rejecting the defendants objection challenging its jurisdiction.

2. The plaintiff-opposite party filed a suit in the court of the Judge, Small Causes, Muzaffarnagar, for recovery of arrears of rent and ejectment from the cinema building known as "Taj Talkies", Muzaffarnagar, along with the electrical installations, refrigeration equipment, furniture, cooler engine and various other fittings and fixtures mentioned in the schedule to the plaint. The plaint allegations were that the plaintiff was owner of the cinema building which was constructed in the year 1971-72, and the same was let out to the defendant on rent at the rate of Rs. 4500/- per month, but subsequently the rent was reduced to Rs. 4000/- per mensem.

The plaintiff pleaded that the defendant has been in possession of the cinema since 7th July, 1972, but he failed to pay rent for a period of more than three months, thereby he committed breach of terms agreed between the parties. The plaintiff claimed decree
























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