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1972 Supreme(Mad) 494

ISMAIL, PALANISWAMY
Pals Theatres – Appellant
Versus
B. Abdul Gafoor Sahib – Respondent


Advocates:
K. Venkataramani, S.B. Mani, V. Subramanian and S.V. Jayaraman, for Appellant; K. Parasaran and S. Raghavan, for Respondents.

Judgement

PALANISWAMY, J. :- The only point that arises for determination in this appeal filed by the defendants (the first defendant being a firm of which the partners are defendants 2 and 3) is whether the suit properties which the appellants took on lease under Ex. P-1 on 18-10-1960 are building within the meaning of the Madras Buildings (Lease and Rent Control) Act, 1960, (Madras Act 18 of 1960) (hereinafter referred to as the Act). The suit properties consul of two theatres. One is called Noorjahan Talkies situated in Saidapot and the other is called Janats Talkies situated in Pallavaram. These two theatres originally belonged to one Batcha Sahib, who died on 25-8-1960, leaving his widow Amina Bi, son Abdul Gafoor (first plaintiff) and two daughters Noorjahan Begum and Bibi Jan (plaintiffs 4 and 5). Batha Sahib was using the theatres for exhibiting films and after his death his heirs continued to use them likewise. The defendants obtained a lease of the suit properties from the aforesaid heirs of Batcha Sahib on 18-10-1960. The period of lease was five years with option for the lessees to obtain a renewal for three years. After the death of Amina Bi, disputes arose between the












































































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