KANTHAMMA Vs. S A SUDARSHAN

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution raises a short question of law, viz. whether on the true construction of Rule 6 of the Karnataka Cinemas (Regulation) Rules 1971 (called shortly as 'the Rules'), as applied to the undisputed facts in this case, the 1st respondent who is the owner of a touring talkies can be said to be in lawful possession of the site.

(2.) Before I turn to the facts, for immediate reference, I now straightaway set out Rule 6:

(3.) The touring cinema of the 1st respondent goes by the name of "Padma Touring Talkies". It is located at Sy. No. 278/7 at Shravana belagola town. On January 4, 1979 he obtained the site under a lease from the owner for 11 months on a rental of Rs. 150 per month. After the expiry of the lease he has been continuing in possession by paying rent to the son of the owner till May, 1980. He now claims to be a tenant-holding over and demands renewal of the licence from the District Magistrate on the ground that he is in lawful possession of the site.