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1960 Supreme(Ker) 84

S.VELU PILLAI
V. D. Kumarappan – Appellant
Versus
Secretary, Home Department, Trivandrum – Respondent


Judgment :-

1. The petitioner is the owner of the site, building and equipments known as Umayal Talkies, Cannanore, to be referred to hereafter as 'Umayal Talkies', which were leased by him to the second respondent for a period of two years from December 1, 1956. Before the expiry of the term of the lease, the petitioner had issued to him a notice to quit and had not assented afterwards to his continuance in possession. After the lease, the second respondent had been exhibiting cinematograph films in Umayal Talkies, under a licence which expired on June 30, 1959 and when he made an application for a fresh licence under the provisions of the Kerala Cinemas (Regulation) Act, 1958, which may be referred to hereafter as the 'Act', the

petitioner objected on the ground that his possession of Umayal Talkies was unlawful, and that he had not produced before the licensing Authority under the Act, who was the Commissioner of the Municipal Council, Cannanore, "documentary evidence to show, that he is in lawful possession" thereof, as required by R.7A of the Kerala Cinemas (Regulation) Rules, 1958, which may be referred to hereafter as the Rules. The Commissioner granted a licence to the secon
































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