Judgment

S. R. DAS, CJI. : This is an appeal from the judgment and decree of the High Court of Bombay dated February 10, 1953, setting aside the judgment and decree of the Court of Civil Judge, Senior Division, Poona dated July 31, 1951, in Special Suit No. 89 of 1950 and dismissing the appellants suit against the respondent with costs throughout. This appeal has been filed under a certificate of fitness granted by the High Court of Bombay.

2. The facts leading up to this appeal may shortly be stated. The appellant is a Public limited company registered under the Indian Companies Act, 1913. It is a lessee of two cinema Houses known respectively as "West End" and "Capitol" situated within the limits of Poona cantonment area. It exhibits in the said two Houses cinematography films both foreign and Indian.

3. On March 20, 1947,a notice was issued by the respondent whereby, in exercise of the powers conferred on it by S. 60 of the Cantonments Act, 1924 (II of 1924), the respondent proposed to make, with the previous sanction of the Central Government certain amendments in the notification of the Government of Bombay in the General Department No. 4160 dated June 17, 1918, and intimated tha