( 1 ) "whether a lesses of a cinema theatre is a tenant, and not liable to be evicted otherwise than under the Act. "

( 2 ) THIS is the question which has been referred to a Full Bench by Venkatesam and A. D. V. Reddy, JJ. The Act concerned is "the Andhra Pradesh Buildings (Lease, Rent and Eviction Control) Act (XV of 1960. "

( 3 ) THE facts are simple and are not in dispute. A cinema theatre situate in Saidabad, Hyderabad City, known as "jagat Talkies" was given on lease by the vendors of the plaintiffs to the defendant on 7-1-1960 under a lease deed, marked as Ex. A-2. That lease was initially to be for a period of three years. The defendant however, had the option to extend the lease by another two years. The plaintiffs purchased the cinema house from the lessors under the sale deed. Ex. A-1, dated 4-7-1963. By his letter, Ex. A-4 of 11-7-63, the defendant attorney the lease in favour of the plaintiffs and since then was paying the rent to them alone. The defendant exercised the option and extended the lease period by two years. Even the extended period came to an end by 10-1-1965, because the defendant had been put in possession of the demised premises on 11-1-1