- (1.) This appeal by special leave is directed against the judgment of the Madras High Court by which it set aside the judgment of a single Judge of that court in a writ proceeding under Article 226 of the Constitution. The facts may briefly be stated.
(2.) The first respondent obtained a registered lease of a cinema theatre known as Kapali Talkies, Madras, for a period of three years from 19th August, 1969. The lease was a composite lease consisting of the land, buildings and the cinematographic equipment in it. The monthly rental was Rs. 9,125/-. Among other terms, the lease was to expire on 18th August, 1972. It is not necessary for our purpose to refer to the condition of an earlier termination of the lease under certain circumstances. The lessors (the appellants herein) are the sole and absolute owners of the Kapali Talkies, Madras-28, described in Schedule 'A' to the lease.
(3.) It may be appropriate to extract some material portions of the lease executed between the parties, which run as follows: Schedule 'A' describes the land, buildings, other constructions and immovable things and properties therein with all the appurtenances known as the cinema theatre, Kapali Talkies, situated in No. 52, Ramakrishna Mutt Road, Raja Annamalaipuram, Madras 28, excluding the room in front side of the main building of the cinema theatre, which is retained by the lessors exclusively for their occupation and use. The other leased properties are mentioned in Schedules 'B' 'C' and 'D' to the lease. Schedule 'B' describes the projectors and machineries installed in the building. Schedule 'C' describes the seats and furniture. Schedule 'D' describe the fixtures and fittings and installations, equipments and other articles and things and materials. Having so described the leased properties, "the lessors hereby grant unto the lessee......by way of lease the land and buildings with other immovable properties and things therein known as Kapali Talkies, Madras 28 ...... more particularly described in Schedule 'A' hereunder that all the projectors, machineries, seats, furniture and other articles and things stated above and more fully described in Schedules 'B', 'C' and 'D' hereunder ......in a composite manner as a cinema theatre functionable, and known as Kapali Talkies, Madras-28, above mentioned with the rights to exhibit films as cinema shows therein........ for a specific use of the same as cinema theatre to exhibit films as cinema shows only, for a specific period of three years only commencing from 19-8-1969 and ending with 18-8-1972 on a monthly rent of Rs. 9125/- payable by the lessee to the lessors for and throughout the said period of three years......subject to the covenants and terms and conditions hereinafter contained". "Cl. 6. The sole feature of the lease is sheer exhibition of films as cinema shows at the said cinema theatre, Kapali Talkies, Madras-28 and not for utilising the said cinema theatre and other things taken on lease for any other purpose of any kind other than the exhibition of films as cinema shows. The lessee shall strictly observe this". "Cl. 9. In all transactions, advertisements and banners the lessee shall style himself as 'lessee of Kapali Talkies, Madras-28' and on no account the name 'Kapali Talkies' shall be changed". "Cl. 27. The lessee shall make his own arrangements at his own costs and responsibilities for the running of the said cinema theatre, such as taking out the licence, permits, certificates, and other necessary things......" "Cl. 35. The lessee shall, on the termination of the lease or on an earlier termination of the lease at any earlier period under any circumstances return back to the lessors forthwith the properties taken on lease in good, proper and functionable conditions and state in which he has received them from the lessors".;