MARIAMMAL Vs. MYMOON BIBI

JUDGEMENT

(1.) THE tenants who suffered decree of eviction filed the above appeal.

(2.) THE respondents/plaintiffs filed a suit in o. S. No. 435/1977 against one Periannan for recovery of possession of' A'and'B'schedule properties and for future mesne profits, etc. According to the plaintiffs, the suit theatre'Prabhat Talkies' was leased out to the defendant under the lease deed dated 28. 10. 1964 for running cinema. Pursuant to the said lease deed, the defendant took possession of the theatre with the building, machinery, fixtures, etc. , and also the goodwill as a going concern. According to the plaintiffs, it is a composite lease.

(3.) THE point for determination in this appeal is: 'Whether the suit filed by the plaintiffs on the ground that the lease in question is a composite lease and is exempted under Sec. 30 of the Act, is sustainable in law "'