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1965 Supreme(Ker) 298

C.A.VAIDIALINGAM, S.VELU PILLAI, T.S.KRISHNAMOORTHY IYER
K. Kungu Govindan – Appellant
Versus
Parakkat Kunhilekshmi Amma – Respondent


Advocates:
In W. A. No. 66 of 1964. C. K. Viswanatha Iyer, for Appellant; V. K. K. Menon and C. J. Balakrishnan (for No. 1) and Advocate-General (for No. 2), for Respondents. In W. A. No. 67 of 1964. C.K. Viswanatha Iyer, for Appellant; Advocate-General (for No. 1) and V.K.K. Menon; C.S. Padmanabha Iyer and C.J. Balakrishnan (for No. 3), for Respondents. In A. S. No. 97 of 1962. C.K. Viswanatha Iyer, for Appellant; V.K.K. Menon, and C.S. Padmanabha Iyer for Respondents. In A. S. No. 188 of 1962. V.K.K. Menon and C.S. Padmanabha Iyer, for Appellants; A.S. Krishna Iyer and A.K. Ramaseshadrinathan, for Respondent No. 1. In A. S. No. 280 of 1962. V.K.K. Menon and C.S. Padmanabha Iyer for Appellants; C.K. Viswanatha Iyer, for Respondent.

Judgement

VAIDIALINGAM, J. :- The point referred by the learned Chief Justice and Madhavan Nair, J., for adjudication by this Full Bench, in substance is one relating to the question as to whether the letting of the two picture houses in these cases, to which we will refer later, and evidenced by the lease deed Ex. A-1 in respect of one theatre, and by a compromise decree, in respect of the other threatre, come within the ambit of the Kerala Buildings (Lease and Rent Control) Act, 1959, Act XVI of 1959 (hereinafter to be referred to as the Act).

2. It is necessary to set out in brief, the circumstances which led to this reference being made to the Full Bench. It will be seen that the subject-matter of the leases are two cinema houses, situated in Kozhikode one the Coronation Threatre, and the other the Badha Picture Palace. Both these picture houses belong to the Pootheri family. It is also seen that the Coronation Theatre was leased out on 28-8-1956, by the owner of the premises, one Krishna Menon, in favour of the first respondent in A. S. 188/1962. The lease deed regarding the said transaction is Ex. B-1. The total rent per month in respect of the items mentioned in the three sche


















































































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