1975 (8) TMI 121 - SUPREME COURT

Whether the lease is of the building, the fittings and other fixtures merely making for the beneficial enjoyment of and ancillary to the building, as urged by the tenant or whether the building provides a bare, though appropriately designed, enclosure to house an enterprise, dominant purpose or real subject of the lease being the cinema, apparatus and fittings, including subsidiarily and incidentally, though necessarily?

Whether the cinema, to fall within the exclusionary clause added by the Amending Act, must be actually a going concern with all the licenses for showing films and running the theatre being in the name of the lessor?

Held that:- Appeal allowed. The lease sued on does not fall within the scope of the definition of 'accommodation'. The appellant is, therefor, entitled to a decree for eviction, in allowance of his appeal.