R SREEKANTH Vs. DIVISIONAL COMMR BANGALORE

JUDGEMENT

(1.) THE petitioners are the lessees of Anjana Theatre in Bangalore City. They have filed this writ petition seeking to quash the Endorsement at Annexure-C dated 24-3-2001 issued by the 2nd respondent refusing to renew the licence of the theatre on the ground that the period of lease is over and the order at Annexure-D dated 4-5-2001 rejecting the appeal preferred against the order passed by the 2nd respondent. A Direction is sought to the 2nd respondent to renew the license of the theatre.

(2.) THE brief facts of this case are, Anjana Theatre belongs to the 3rd respondent M/s. Anjana Enterprises. The petitioners took the said theatre on lease under the Lease deed at Annexure-A dated 25-7-1995. The period of lease was five years and eight months from 25-7-1995 to 25-3-2001. Pursuant to the lease deed, the petitioners were put in possession and they were exhibiting the films in the theatre. It is stated that on 23-11-2000 the 3rd respondent attempted to dispossess the petitioners from the theatre and hence the petitioners filed suit in O. S. No. 7899/2000 in the City Civil Court at Bangalore. In the said suit temporary injunction had been granted protecting the possession of the petitioners. The petitioners submitted application on 20-3-2001 to the 2nd respondent for renewal of license. Pursuant to the said application the 2nd respondent issued the impugned endorsement at Annexure-C stating that since the period of lease is expired, renewal cannot be granted. The petitioners filed appeal before the first respondent Divisional Commissioner challenging the said endorsement. The appeal had been rejected by the impugned order at Annexure-D. The petitioners have filed this writ petition seeking the aforesaid reliefs.

(3.) IN the objections filed by the 3rd respondent to the writ petition, the claim of the petitioners that they are in lawful possession of the theatre is denied. It is stated that since the period of lease came to an end, petitioners have no right over the theatre. It is contended that the theatre was not taken on lease by the petitioners but they were given license to run the theatre on behalf of the 3rd respondent. A contention is taken that the rent/license fee per month works out to Rs. 8,823. 52 ps. and therefore eviction of tenants under the Karnataka Rent Control Act is not applicable in view of Section 31 of the said Act. Defending the impugned endorsement and the order, the 3rd respondent sought for dismissal of the writ petition.