Judgment

SHAH, J. (for himself, Gajendragadkar C.J.I. and Sikri J.) :The appellant Vajrapani Naidu and his mother Bangarammal-hereinafter collectively called the lessors - granted a lease of an open site in the town of Coimbatore to Abirama Chettiar under a registered deed dated September 19, 1934, for 20 years at an annual rental of Rs. 1,080/- for putting up a building suitable for use as a theater. Abirama Chettiar constructed a theater on the site, and assigned his rights to the New Theater Carnatic Talkies Ltd., Coimbatore-hereinafter called the Company . The Company attorned to the lessors and was recognised as tenant under the lease dated September 19, 1934. On March 9, 1954 the lessors served a notice calling upon the Company to vacate and surrender vacant possession of the site, and the company having failed to comply with the requisition, the lessors commenced an action against the Company for a decree in ejectment and for mesne profits at the rate of Rs. 1,000/- per mensem from September 19, 1954. The Subordinate Judge at Coimbatore awarded to the lessors a decree for possession and mesne profits at the rate of Rs. 350/- per mensem and costs of the suit. Against the d