M.NATESAN, J. - (1.) THE legal representatives of the defendant in a suit in ejectment, who have failed in both the Courts below, are the appellants before me; and the question for consideration in the second appeal is within a narrow compass, namely, whether the property which had been demised by the plaintiff to the defendant is a building as defend in the Madras Buildings (Lease and Rent Control) Act (XVII of 1960) the defendant claiming the protection of statutory tenancy.
(2.) THE property in question is known as Murali Talkies, a cinema theatre, in Arcot in North Arcot District. It was the subject of a demise by the plaintiff to the defendant under a registered lease deed evidenced by Exhibit A -2, dated 1st April, 1955. The lease was for a period of five years and provided for the defendant handing over possession of the demised property on the expiry of the lease on 31st March, 1960. The suit out of which this second appeal arises was filed for possession on the expiry of the period of lease, claiming in addition an injunction restraining the defendant from carrying on the cinema business in the demised theatre. The Courts below, following the decision in Rajah Chetty v. Jagannathadas : (1949)2MLJ694 and A. N. Shah v. Annapurnamma (1958) 2 A.W.R. 447, held that the lease in question was a composite lease which will not attract the provisions of the Madras Buildings (Lease and Rent Control) Act, 1960. In that view ejectment was decreed, the Courts holding that it was unnecessary, in the circumstances, to grant the injunction prayed for.
(3.) MR . V. Thiyagarajan, learned Counsel appearing for the appellants (for convenience sake hereinafter referred to as the tenant), contends that the view of the Courts below is unsustainable, that they failed to appreciate that the decisions in question can have no application whatsoever to the demise in this particular case and that the demise was not, as in the cases relied upon, a lease of a building coupled with a hire of cinema equipment to constitute a composite lease. The lease deed in question is a plain one in Tamil, drafted in simple language. It sets out that for the purpose of running a cinema, the building etc., had been fixed at a rent of Rs. 200 per month, for five years from that date and an advance of Rs. 1,200 paid. After providing for the payment of rents and the adjustment of the advance at the close of the lease period, it is covenanted that at the expiry of the lease period the leased property should be surrendered in good repair. The lessors had to carry out the repairs to the building and also whitewash the building once in a year. At the foot of the document under the heading particulars of building the property demised is set out under the boundaries with the door number, giving measurements. After setting out the measurements of the site, it proceeds thus: This and within these zinc sheet building, and movables within this.;