ANTHONY RAJ Vs. JOSEPHINE SANJEEVI
HIGH COURT OF MADRAS
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(1.) As per the orders of this court in the instant application, Mr.K.R.Ramaswamy and Mr.C.R.Narayana Rao, appointed as valuers, have inspected the property and filed their reports dated 28.8.78 and 29.8.78 respectively. Both sides have filed their objections to the said reports. The plaintiffs have now sought for a direction to the defendant to permit the plaintiffs and their Architect Mr.K.N.Srinivasan to inspect the Pilot Theatre in accordance with the directions contained in the order dated 8.2.79 passed in Application No.3671/79.
(2.) The rival submissions made by the respective counsel were heard, and the available records were perused.
(3.) As could be well seen from the plaint, the plaintiffs have filed a suit for declaration that the plaintiffs are the owners of the superstructure viz. the Cinema Theatre "Pilot Theatre" and its annexures and cinema equipments and other installations, etc. It is pertinent to note that even in the relief clause in the plaint, the plaintiffs have asked for the appointment of a Commissioner to determine the value of the properties mentioned in Schedule 'B' and 'C' annexed to the plaint in terms of the lease deed dated 20.10.1967. The said suit was contested by the defendants by a detailed written statement. Both the parties have entered into a compromise, and the said compromise was filed in the court. Pursuant to the said compromise, a compromise decree was passed by this Court on 21.12.1977. In their memo of compromise filed by the parties, they have agreed that a preliminary decree was to be passed as per the terms set out in the compromise memo. Accordingly, in terms of the memo of compromise, this court passed a compromise decree on 21.12.1977. It would be more appropriate to reproduce Clauses 1 to 5 in the decree that was passed by this court. Clauses 1 to 5 reads:
"(1) That the defendant herein shall convey the superstructure, equipment, air conditioning plant, air conditioners, generators, electrical motors, electrical installations, sanitary fittings, projectors, fans, lights, furniture, etc., provided by her at the Pilot Theatre, Madras-14 to the plaintiffs on payment of the market value of the superstructure with the installed equipments, installations, furniture, etc;
(2) That the market value shall be computed for the superstructure with the installed machinery, equipments, furniture and fittings, electrical installations, projectors, etc., without taking into account the commercial value of the business of the Pilot Theatre run there and without taking the value of the land but taking into account the normal life of the installations, machineries, equipments, etc., listed in clause 1 supra;
(3) That the life of the assets shall be computed from the 15th November 1968 the date on which the Pilot Theatre, Madras-14 commenced its commercial exhibition of motion pictures and that on payment of the market value the defendant shall forthwith deliver possession of all the items specified in clause one supra, except the Cinerama equipments together with its screen, films, scaffold, lenses, accessories, etc., more fully described in the schedule 'B' hereunder which shall be removed by the defendant before handing over possession.
(4) That the market value referred to in clause one supra shall be fixed on the above basis as per clause 2 and 3 by an expert valuer or valuers and a Commissioner be appointed for the aforesaid purpose;
(5) That the defendant shall deliver possession of the properties mentioned in clause 1 supra as per clauses 2 and 3 supra to the plaintiffs without any encumbrances whatsoever created by the defendant and/or by her husband and deliver to the plaintiff all the original documents of title relating thereto.";
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