B G KUMARAVELU Vs. K R KANAKARATHNAM CHETTY

JUDGEMENT

(1.) -Special Leave granted.

(2.) The question that falls for consideration in this appeal arising out of a suit for eviction of the appellant-tenants is whether a lease of a building with fittings and furniture for running a cinema theatre falls within the purview of the Karnataka Rent Control Act, 1961 (hereinafter referred to as "the Act") and the tenant is entitled to avail the protection against eviction available under Section 21 of the Act.

(3.) A Cinema Theatre known as "Opera House" bearing No. 24 (Old) (New No. 57) 101, Brigade Road, Civil Station, Bangalore belonged to Mr. T.C. W. Skipp. After the death of Mr. Skipp on November 10. 1934, Mrs, Evelyn Elizebeth Holland Smith (Nee Skipp). one of his heirs, obtained the letters of administration in respect of the properties of Mr, Skipp including the 'Opera House', and she leased out the said property to one R. Phul Chand Mrs. Evelyn Elizebeth Holland Smith (Nee Skipp) along with other heirs of Mr. Skipp sold the said property including, fixtures, fittings and machinery free of all encumbrances, except the leasehold right of R. Phul Chand to Shri C.S. Krishnaiah Chetty and his wife, Smt. Rangamma under a sale deed dated July 20, 1939. Shri C. S. Krishnaiah Chetty had 3/8th share in the property while Smt. Rangamma had 5/8 share in the said property. By lease deed dated September 29, 1944 C.S. Krishnaiah Chetty and Smt. Rangamma leased out the premises of the 'Opera House' including fittings, furnitures, machineries etc. to Sri Rao Sahib S.V.Govindrajan, the father of the appellants herein. Under the said lease deed the rent was Rs. 800/- per month and the hire for furnitures etc. was Rs.300/- The said lease was for a period of 69 months and it expired on June 29,1950. Thereafter Sri Govindrajan became a tenant holding over and the landlords were receiving the rents from him. After the death of Sri Govindrajan in 1955, there was a family partition vide deed dated July 15,1967 and the lease hold interest in the suit property was allotted to the appellants and the appellants were treated as tenants holding over by the landlords. Smt. Rangamma died on August 17,1958 and after her death Shri C. S. Krishnaiah Chetty, as sole executor (as per her last will) sold her 5/8th share in property to his son-in-law Shri K.R.Kanakarathnam Chetty, respondent No. I herein by sale deed dated November 16,1959. On the same day Shri C.S.Krishnaiah Chetty sold his own 3/8th share in the said property to his daughter. Smt. K Yasodamma, respondent No.2 herein. On the same day there was attainment of tenancy by the appellants in favour of respondents Nos.1 and 2. On November 30. 1959 the appellants executed a lease deed in favour of the respondents Nos.1 and 2 in respect of the building as well as furniture and fittings and all articles including machinery etc. The said lease was for a period of two years. The appellants continued to be tenants by executing from time to time lease deeds in favour of the respondents Nos. 1 and 2. Lease deed dated January 6, 1962 was executed for a period of 55 months from December 1,1961. Under the said lease the rent was Rs.950/- per month and the hire of furniture and machinery etc. was Rs.550/- per month. This lease was followed by lease deed dated August 11, 1966 for a further period of 55 months form July 1.1966 . Under this lease deed the rent was Rs.1300/- per month and hire of furniture and machinery etc. was Rs.700/- per month. After the expiry of the said lease, the appellants executed two separate lease deeds dated January 28, 1971, one in favour of respondent No. 1 and the other in favour of respondent No. 2. Both the lease deeds were for a period of 55 months from February 1, 1971. Under the lease deed executed in favour of respondent No. 1 the monthly rent was Rs. 937.50 and the hire of furniture and machinery etc. was Rs. 468.75 per month. Under the lease deed executed in favour of respondent No. 2 the said amounts were Rs. 562.50 and Rs. 281.25 respectively. On October 1, 1975 the appellants executed a lease deed in favour of respondent No. 1 in respect of his 5/8th share in the suit property whereunder the monthly rent was Rs 1750/-and a lease deed was executed in favour of respondent No. 2 on September 27,1975 in respect of his 3/8th share whereunder the monthly rent was Rs. 1,000/-. Both these leases were in respect of the thees theatre with machineries and fixtures. As regards the furniture it appears that respondent No. 2 had made a gift of her share of the furniture to her son Ramkrishnan. respondent No.3 herein, and respondent No.1 had made a gift of his share of furniture to his daughters. Smt. Uma Devi, respondent No. 4 herein, and Smt. Rajeshwari Gupta, respondent No. 5 herein, in equal shares. On October 10, 1975 three separate lease agreements were executed by the appellants in favour of respondents Nos. 3.4 and 5. Under the lease agreement executed in favour of respondent No. 3 the rent was Rs. 200/-per month whereas under the leases agreements executed in favour of respondents Nos. 4 and 5 the monthly rent payable to each of them was Rs. 150/- All the leases were for a period expiring on August 31, 1978. By an agreement dated September 9, 1978, the lease were extended for a period of three months till November 30, 1978. On failure on the part of the appellants to hand over the possession on the expiry of the lease on November 30, 1978, the respondents Nos. 1 to 5 filed the suit giving rise to this appeal in the Court of Addl.City Civil Judge. Bangalore city.