JUDGMENT

S.C. Agrawal, J.-Special leave granted.

2. The question that falls for consideration in this appeal arising out of a suit for eviction of the appellant-tenants is whether a lease of a building with fittings and furniture for running a cinema theatre falls within the purview of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the Act ) and the tenant is entitled to avail the protection against eviction available under Section 21 of the Act.

3. A Cinema Theatre known as Opera House bearing No. 24 (Old) (New No. 57) 101, Brigade road, Civil Station, Bangalore belonged to Mr. T.C.W. Skipp. After the death of Mr. Skipp on November 10, 1934, Mrs. Evelyn Elizebeth Holland Smith (Nee Skipp), one of his heirs, obtained the letters of administration in respect of the properties of Mr. Skipp including the Opera House , and she leased out the said property to one R. Phul Chand. Mrs. Evelyn Elizebeth Holland Smith (Nee Skipp) along with other heirs of Mr. Skipp sold the said property including furnitures, fixtures, fittings and machinery free of all encumbrances, except the leasehold rights of R. Phul Chand, to Shri C.S. Krishnaiah Chetty and his wife, Smt. Rangamma