BHARATHAN THEATRES LTD Vs. V T RANGANAYAKI ANNI

JUDGEMENT

(1.) Both the appeals arise out of a common judgment and decree passed in (i) a suit for partition and separate possession and in (ii) an application under Section 9 of the Madras City Tenants Protection Act, 1921.

(2.) We have heard Mr. G.R. Swaminathan, learned counsel appearing for the appellants, Mr. T.R. Rajagopalan, learned senior counsel appearing for the first respondent, Mr. R.R. Rajarathinam, learned counsel appearing for the respondents 3 to 5 and Mr. T.S. Mohammed Mohideen, learned counsel appearing for the respondents 12 and 21 to 23. The respondents 2, 7 to 11 and 14 to 20 are given up.

(3.) By a lease deed dated 24.4.1946, one Mr. V.S. Shanmuganatha Mudaliar and Janab M.S.M. Shahul Hamid Rowther, granted a lease of a vacant land jointly owned by them and measuring an extent of 3,018 kulis in Survey No. 700/8A1 A, Tenkasi, Tirunelveli District, to one P.C Subba Raja. The lease was for a period of about 30 years and was to expire on 1.10.1976. Clause (4) of the lease deed stated that the purpose of the lease was the construction of a permanent Cinema Theatre. Under Clause (6), the Lessee P.C. Subba Raja agreed to vacate and hand over possession of both the land and the buildings to the Lessors, on 1.10.1976, on the expiry of the period of lease. However, the Lessee was given the liberty to take away the machinery, furniture and electrical fittings.