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2001 Supreme(Mad) 731

S.JAGADEESAN, E.PADMANABHAN
V. T. Ranganayaki Ammal – Appellant
Versus
The State of Tamil Nadu and another – Respondent


Advocates:
Mrs.Nalini Chidambaram, Senior Counsel, for Vijay Narayan, for Appellant.
Mrs.N.G.Kalaiselvi, Special Government Pleader, for Respondent No.1.
K.Chandrasekaran, for Respondent No.2.

S.Jagadeesan, J.: This writ appeal has been filed against the judgment of the learned single Judge dated 18.12.1991 in W.P. No.10740 of 1983.

2. The short facts leading to the filing of the writ petition are:

The appellant’s predecessor in title leased out the land in favour of one P.C. Subbaraja under a registered lease deed dated 13.5.1946. The lease period was 30 years. As per the conditions of the lease deed, the lessee is entitled to construct a cinema theatre and other buildings and enjoy the same till the expiry of the lease i.e., 1.10.1976 and after that date, had to deliver the possession of the site together with the building to the lessor without claiming any compensation. Pursuant to the said lease deed, the lessee Subbaraja constructed the theatre ‘Bharathan Talkies’ and also obtained C-Form Licence in his name. On 7.5.1953 the said lessee executed a release deed of the lease in favour of the Bharathan Theatres Limited, without any notice or consent of the landowners. Before expiry of the lease period, the landowners issued notice dated 25.8.1976, calling upon the lessee Subbaraja as well as M/s. Bharathan Theatres Limited, to vacate and hand over possession on 1.10.1976



























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