S.K.DAS, J.

(1) THIS is an appeal by special leave from the judgment and order of a learned single Judge of the Punjab High Court dated May 21, 1958, in Civil Revision application No. 27 of 1958 of that Court. By that order the learned single Judge dismissed an application in revision made by the appellant herein in the following circumstances.

(2) THE appellant, Saharaj Jagat Bahadur Singh is the owner of the premises known as Kanzor Hall in Simla. The respondent, Badri Prasad Seth, is in occupation of the premises as a tenant and is running a. cinema therein which is known as Revoli theatre or Revolt cinema. The correspondence between the parties shows that on or about April 12, 1956 the Executive Engineer, Simla Provincial Division, inspected the cinema building on behalf of the Licensing Authority, namely. Deputy Commissioner, Simla, and noted six defects, one of which was, to use the words of the Executive Engineer, "the right hand pillar of the screen has cracked and has gone out of plumb." The existence of these defects was communicated to the respondent and also to the Muncipal Committee, Simla. The respondent in his turn communicated the exist