TMI Blog1996 (8) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... or and not a composite lease, appellant - defendant as a tenant of the suit property was entitled to the protection under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1961 (the Act). 2. That the appellant - defendant was an assignee from the third respondent herein of the right to an extent of l/3rd share in the income derived from the lease under the registered deed of assignment Exhibit B-42 dated November 21, 1983. 2. The trial court decreed the suit and directed the ejectment of the appellant. Appeal filed against the judgment of the trial court was dismissed by a Division Bench of the High Court by the judgment dated January 21, 1995. This appeal by the tenant is against the judgment of the Division Bench of the High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s set out in Schedules A and B. Under the agreement, the lessee has to pay the rent for the building and hire charges for the furnitures, fittings, etc., and also apply and obtain police permission, etc., for conducting the cinema theatre or exhibiting any films, pictures, etc. The lessee shall also pay the electricity charges, metre rent, etc., taxes like professional tax for the business and also the licence fee for the running the cinema theatre. It is also seen from Clause 2(x) that the lessee shall bear and pay all the charges, fees, etc., for running the theatre as going concern and for exhibiting any film, picture, etc. Thus, the intention of the parties has been very clearly spelt out in the clause referred to above. Therefore, we h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ries kept in the cabin room belong to the plaintiffs Rukmani Bai and others. Likewise, Ex.B-13 dated 29.11.1963, which is the lease deed executed between C.V. Rajagopal Chettiar and C.R. Govindaswami Chettiar on the one hand and Rukmani Bai and K. Viswanath Singh on the other, also provides under Clause (C) that the lessee shall use the premises only as a place of exhibition of cinematograph shows in the public and shall not use the theatre for any other purpose without the written consent of the lessors and that the lessee shall not be entitled to sub-lease the premises to others. It also further provides that the lessee shall take the necessary licences for the running of the cinematographic shows as per the Rules of Cinematographic Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nches, 52 wooden back benches, fire extinguishers, fire buckets, electrical fittings, etc. were given in Schedule B. Ex. A-28 is the plaint copy in C.S. No. 88 of 1957 on the file of this Court. That suit was filed by Rukmani Bai and K. Viswanath Singh against the lessors herein. Paragraph 3 of the plaint reads that the said theatre is equipped with furniture and fittings as a cinematograph exhibition house and that the 1st plaintiff Rukmani Bai, holds a lease of the said property where with her own machinery runs a business of cinematograph exhibitions and that the lease in her favour is dated 1.12.1954 and is in writing and registered. Ex.B-9 is again a memorandum of agreement between the same parties, which was entered into between them ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ignment-deed dated November 21, 1983 has been dealt with by the High Court as under: Ex. B-42 reads that ₹ 25,000 is to be paid before the Sub Registrar but admittedly not paid before the Sub Registrar. The circumstances under which Ex. B-42 has come into existence are not mentioned in the plaint in O.S. No. 9075 of 1983. The 2nd defendant in O.S. No. 885 of 1984 has been made as a party viz., 2nd defendant in O.S. No. 9075 of 1983. The 2nd defendant has also given all the documents to the 1st defendant for the purpose of using them in this case viz., Exs. B-l to B-13. The 2nd defendant's explanation that he gave them to the mother of the 1st defendant at the time of Ex.A-1 is only an after thought and not spoken to by the 1st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e are of the view, that Ex. B-42 is not relevant for the purpose of this case and we, therefore, refrain ourselves from giving any finding in regard to the validity of Ex.B-42 in these proceedings. As could be seen, in Ex. A-8. the plaintiffs and the 2nd defendant have no right to assign and that the 2nd defendant has no legal right to execute Ex.B-42. However, this point is left open to be agitated by the parties concerned before the proper forum at the appropriate stage. 7. Although the trial court came to the conclusion that document Exhibit B-42 was not a valid document but the High Court, for justifiable reasons did not go into the merits of the question. The High Court has left the point open to be agitated by the parties concerned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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