Judgment

AYYANGAR, J. : (on behalf of himself, Sinha C.J.I. and Mudholkar J.) This is an appeal against a judgment of a Division Bench of the High Court of Madras on a certificate under Arts. 132 and 133(1) of the Constitution, and raises for consideration the constitutionality of S. 13 of the Madras Buildings (Lease and Rent Control) Act, 1949 and the legality of an order of the State Government passed thereunder.

2. The facts giving rise to the appeal are briefly as follows : The dispute relates to premises No. 1, Blackers Road, Mount Road, Madras - a property which was originally owned by one Sir Haji Ismail Sair. In or about the years 1914 one Venkayya obtained a lease of this property from Sir Haji Ismail Sait and constructed a cinema theatre thereon which he ran under the name of "the Gaiety Theatre". Venkayya was adjudicated an insolvent and the Official Assignee of Madras in whom his estate including the leasehold interest in the suit site vested, obtained a further lease of the property from the representatives of Sir Haji Ismail Sait who had by then diesd for a period of 9 years from March 1926. Thereafter the Official Assignee sold the superstructure of the theatre to one