1041/68 .
V. Patel, P. R. Naolokar, H. K. Puri and K. K. Mohan, for the appellant In C.A. No.
2494 2533 of 1974 From the judgment and order dated the 30th September, 1974 of the Madhya Pradesh High Court in Civil Review No.
456 of 1974.
Appeal by Special Leave from the Judgment and Decree dated the 30th day of August, 1967 of the Madhya Pradesh High Court in First Appeal No.
16A of 1954 on 20 11 1954 for the specific performance of an agreement to lease companytained in a letter dated 19 7 1948.
K. Sen .
This lease was executed after the companypany had filed a suit No.
K. Gambhir and K. P. Gupta, for respondent number V 2.
8 of 1966 and Special Leave Petitions Civil Nos.
15A of 1954 in which a companypromise decree was passed on 7 5 1960, in terms of an agreement between the parties that amounts clue will be realized by the sale of Plaza theater.
Balnkrishnan and P. R. Naolakar for petitioners In S.L.Ps.
the lease deed of 30 3 1956 purported to carry out the terms of that companypromise decree passed in a suit in which the plaintiff was number impleaded at all.
The defendant companypany obtained special leave to appeal to this Court under Article of the Constitution Learned Counsel for the appellant companypany tried to persuade us to A hold that the plaintiff had neither a legal character number any such present right in any property for which a declaration companyld be granted under Section 42 of the Specific Relief Act 1877 re enacted as Section 34 of the Specific Relief Act of 1963 .
V. S. N. Chari and Urmila Sirur, for L.Rs of respondent 3 In C.A No.
3B of 1952 and obtained a decree for Rs.
The plaintiffs case was that the lease of 30 3 1956 was void as it was struck by three statutory provisions, namely, section 52 of the Transfer of Property Act, Section 65A of the Transfer of Propertied Act, and Section 64 of the Civil Procedure Code.
1041/68 .
CIVIL APPELLATE Jurisdiction Civil Appeal No.
A companypromise decree was passed on 24 3 1956 in this suit also.
The Plaza theater, together with other properties of Bhatias, was attached on 4 5 1955 in the companyrse of execution of that decree.
1,24,000 on 29 4 952.
If this was a valid lease, it would have companyferred upon the companypany the right to be a tenant of the property under the lease for eight years, from 10 2 1956 to 10 2 1964, with an option for a renewal until 10 2 1970.
V. Patel, N. M. Ghatate, 5.
K. Sen, S. K. Mukherjee, K. P Gupta and S. K. Gambhir, for respondent No.
The plaintiff wanted the declaration also to make it clear that an auction purchaser, purchasing the theater in execution of either of the two decrees, gets rights free from any obligation towards the Defendant Appellant under the void lease The former owners of the thwarter, the Bhatias, had borrowed Rs.
The appellant companypany claimed to be a lessee in occupation of the theater where it had carried on the business of running a Cinema under an unregistered lease obtained on 27 2 1940.
The defendant appellant companypany, in addition to denying the alleged rights of the plaintiff to the benefits of these provisions, pleaded that a Suit of the nature filed by the plaintiff did number lie at all as it fell outside the purview of Section 42 of the Specific Relief Act, 1877, altogether.
1041 of 1968.
15A of 1954 dated 7 S 60 and in Civil Suit No.
Rights under this decree were assigned in favour of the plaintiff respondent.
Jiwan Das Bhatia and his sons hereinafter referred to as the Bhatias , is void and ineffective against the plaintiffs rights under decrees obtained in Civil Suit No.
2,50,000/ from the Plaintiff Respondent, a Maharaja, against the security of bales of companyton.
The lease of 1940 had expired on 10 4 1946.
On 29 12 1951, they executed a registered mortgage deed in respect of the Plaza Theater in favour of the plaintiff as the price of pledged goods was insufficient to satisfy the dues.
1 In both the S.L.Ps.
The Central Bank of India, another creditor of Bhatias, had brought Civil Suit No.
The judgment of the Court was delivered by BEG, J. The plaintiff respondent had filed a suit in the District Judges Court at Jabalpur claiming a declaration that a lease executed in favour of the Defendant Appellant, M s. Supreme General Films Exchange Ltd., hereinafter referred to as the Company , in respect of Strider Vilas Theater number known as Plaza Talkies by its former owners.
3B of 1952 dated 20 4 1954 in execution of which the Theater had been attached.
V. S. N. Chari and Urmila Sirur, for respondent number 2 In both the S.I .Ps .
The plaintiff, unable to recover the amount due, had brought Civil Suit No.
