THAYARAMMAL Vs. PEOPLES CHARITY FUND BANGALORE

JUDGEMENT

(1.) The legality of the order of the Licensing Authority under the Karnataka Cinemas (Regulation) Act, 1964 (hereinafter referred to as 'the Act') refusing to regrant the cinematograph licence to the petitioner, on the ground that the possession of the petitioner of the building in which she has been exhibiting the cinematograph films and the equipment, is not lawful and the order of the appellate authority confirming the order of the Licensing Authority is questioned by the petitioner in this writ petition.

(2.) The petitioner became the lessee of the premises together with equipments meant for exhibiting cinematograph films, called IMPERIAL TALKIES situate in the City of Bangalore. The People's Charity Fund, a Trust registered under the Trust Act, is the owner, and lessors of the aforesaid building and equipments. After the expiry of the earlier period of leases of the same premises and equipment, the latest lease which is relevant for this case came into existence through a registered deed dated 12-12-1962. The period of lease was fixed at 15 years, on a monthly rent of Rs. 1,450/ and was due to expire on 11-12-1977. Even before the expiry of the lease period, the 1st respondent filed a Civil Suit against the petitioner for eviction on the ground of breach of covenant by sub-letting. The suit was dismissed by the trial Court, but was decreed by the appellate Court and the second appeal, R. S. A. 802/73, filed by the petitioner is pending before this Court. Even as the said second appeal is pending, the period of lease itself came to an end on 11-12-1977.

(3.) In the lease deed (Exhibit-A) there is a renewal clause in para (i) (b) of the deed, which reads as follows :