S RAJA CHETTY Vs. JAGANNATHADAS GOVINDAS

JUDGEMENT

(1.) This is an application for the issue of a writ of certiorari to quash the order of the Second Judge, Small Causes Court, Madras, sitting as the appellate authority, made by him on the 16 August, 1949, in H.R.A. No. 1077 of 1949 setting aside the order of the Rent Controller, dated the 2nd August, 1949, and directing eviction of the petitioner from the premises described as " Maharani Talkies".

(2.) By a registered deed, dated the 15 November, 1948, executed by and between the petitioners and the respondents 1 to 3, the respondents as lessors demised to the petitioners as lessees the cinema theatre known as "Maharani Theatre or Maharani Talkies", Madras, situated in Washermanpet. What was demised is thus described in the indenture: All the piece of ground with the new cinema theatre including the buildings and stall erected thereon known as Maharani Theatre or Maharani Talkies ...together with all easements and appurtenances whatsoever thereunto belonging and also all the fixtures, fittings, cinematographic talkie equipments, machinery, furniture, scenery and things in, upon and about the said theatre specified in the inventory hereunder.

(3.) The lease was for a term of five years commencing from the 1 October, 1948. The monthly rent and hire was fixed at Rs. 3,200 and this sum is expressed to be made up as follows: (1) Rs. 1,600 being rent for the ground and superstructure, (2) Rs. 800 being hire of furniture, and (3) Rs. 800 being hire of talkie equipment, machinery, fittings and lessors fixtures.