P.B.GAJENDRAGADKAR, C.J.I.

(1) THE short question of law which arises in this appeal relates to the construction of section 5(2) of the Punjab Cinemas (Regulation) Act, 1952 (No. 11 of 1952) (hereinafter called the Act). The respondent, Hari Krishan Sharma, who claims to be the owner of a certain site in the town of Jhajjar, desired to construct a cinema hall at the said place for the purpose of exhibiting cinematography. On 16/12/1956, he submitted an application to appellant No. 2, the Subdivisions Officer, Jhajjar, for the grant of the licence to construct and run a permanent cinema hall on his site. On 22/02/1957, appellant No. 2 forwarded the said application to the Tehsildar for inspection of the site. It appears that on 24/04/1957, the government of appellant No. 1, the State of Punjab, had issued instructions in regard to the grant of licences under the relevant provisions of the Act. These instructions required that all requests for the grant of permission for opening all new permanent cinemas should be referred to appellant No. 1 for orders. On 26/09/1957, the Tehsildar made a report that the site was in accordance with the provisions of the Act and that the respon