Reuben, J.

1. This is an appeal by deft. 1 against a decision of the Additional Dist. J. of Manbhum-Singhbhum, affirming a decision of the Subordinate Judge of Purulia restraining deft. 1 from executing against the pltfs. respondents a decree obtained by him in Title Suit No. 895 of 1940 in

2. The dispute relates toa building in the town of Purulia known as Pratap Natya Mandir & the premises appertaining thereto. This building is intended for the performance of cinematograph shows & admittedly belonged to Akhoy Kumar Sen (pro forma deft. 3), by whom it was transferred to its present owner Shreemati Radharani Dassi (pro forma deft. 2). The facts as found are that the cinema hall was formerly let to the proprietors of the Shankar Talkies, who held it for some years but relinquished it on fitting to obtain from the Executive Engineer, Hazaribigh Division, a certificate of soundness necessary under the law for the holding of cinematograph shows therein. It was then taken by one Nagendra Nath Dutta, who was unable to make it fit for the purpose & surrendered it in March 1940. Pltf. 1, Raj Kiahore Misra, then entered into possession under an agreement entered into on 24 3-1940 wi