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1973 Supreme(All) 186

K.B.ASTHANA, K.C.AGRAWAL
Allahabad Theatres (Pvt. ) Ltd. – Appellant
Versus
Kusum Kumari – Respondent


Advocates:
Bashir Ahmad, for Appellants; Dr. Gyan Prakash, for Respondent.

Judgement

K.C. AGARWAL, J. :- Suit No. 38 of 1966, giving rise to the above appeal, was field by the appellant M/s. Allahabad. Theatres Private Ltd., against the respondent Smt. Kusum Kumari for eviction from the property known as Jawahar Palace, No. 29(Old)/ 98 (new) Jawahar Square Allahabad, now run under the name of Naaz Cinema, along with all its fittings, electric and otherwise, furniture, operating instruments, fixtures and other appurtenant articles and accessories, including the building, seats, machinery and fans etc. A decree for arrears of rent, damages insurance money and Bhumi Bhavan Kar, amounting to Rs. 13,496.91 was also claimed.

2. The said suit was filed on the allegations that the appellant was a private limited company and had been floated with the object of carrying on the cinema business by acquiring lands and buildings for that purpose. The said Company constructed the premises No. 29(old)/98 (new) Jawahar Square, Allahabad. The entire building was fitted with projectors, screen, electric fittings, balcony, furniture, etc. The said accommodation was constructed for the purpose of cinema business and no other. The entire premises became ready in 1934 and the sai























































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