M C CHOCKALINGAM Vs. V MANICKAVASAGAM

JUDGEMENT

(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: