BISHAMBHAR DAYAL, G.P.SINGH
SHYAMACHARAN RAGHUBAR PRASAD TIWARI – Appellant
Versus
SHEOJEE BHAI JAIRAM CHATTRI – Respondent
( 1 ) THIS first appeal filed by defendant No. 1 arises out of a suit filed by the plaintiff sheojee Bhai for ejectment of the two defendants from a building used as a cinema house, and for mesne profits.
( 2 ) THE case had a chequered career which will be shortly stated. But at present the main question for consideration in this appeal is about the rate at which the plaintiff is entitled to set mesne profits from the date when the lease came to an end up to the date of delivery of possession. There are certain other minor points also which will be dealt with at the proper place.
( 3 ) ON 18th August 1951 the plaintiff Sheojee Bhai executed a registered lease of the premises, including the electric fittings and furniture, in favour of the defendants Shyamacharan and D. B. Jadav for ten years at the rate of Rupees 1,600/- per month. This lease was to start from 22nd May 1950 and was to end on 21st May 1960. On 22nd May 1960 the plaintiff demanded possession by a telegraphic notice. The defendant No. 1 replied that there had been an agreement to renew the lease for two years. On 25th June 1960 the present suit was filed.
( 4 ) APART from reciting other facts i
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