Judgment

Mahajan J. - The applts. are owners of a property known as "Bharat Bhuvan Theatre" at Ahmedabad. The resps. are the lessees of the said theatre. The term of the lease was to expire on 2-12-1945, unless the lessees gave to the landlords three months previous notice in writing of their intention of exercising their option of renewal of the lease for a further period of two years. On 13-12-1945 the applts. filed the suit out of which this appeal arises for ejectment of the resps. and for recovery of certain amounts. This suit was decreed on 14-10-1947 on the following findings : (1) that the resps, had not exercised the option of the renewal of the lease according to the stipulations contained in the lease, (2) that they had committed breaches of the terms of the lease, and (3) that they were not protected by the Rent Restriction Act. An enquiry was directed into the amount of mesne profits. The resps. filed an appeal in the H. C. against the decree of the Joint Civil Judge on 10-11-1947. The appeal was heard by a Bench of the H. C. (Weston and Dixit JJ.) on 26-2-1948 and was decided on 1-4-1948. The judgment and decree of the Joint Civil Judge were reversed and the pltf s su