Putting upa projector for running a Cinema Theatre will not alter vature of lease.

AR.Lakshmanan, J.

O.S.No.885 of 1984 was filed by respondents 1 and 2/ plaintiffs against the appellant/1st defendant and the 3rd respondent/2nd defendant for recovery of vacant possession of the property more fully described in Schedules A and B to the plaint and known as National Talkies, West Mambalam, Madras-33, and to direct the appellant/ 1st defendant to pay respondents 1 to 3/ plaintiffs and the 2nd defendant damages for use and occupation at the rate of Rs.10,000 per month from 1. 1984 upto the date of plaint and also future damages at the same rate from the date of plaint till the date of delivery of possession and for costs.

2. O.S.No.9075 of 1983 was filed by the 1st defendant in O.S.No.885 of 1984 against the plaintiffs and the 2nd defendant in O.S.No.885 of 1984 and also against the Commissioner of Police, Egmore, Madras-8, for a permanent injunction restraining defendants 1 to 3 therein from interfering with the quiet and peaceful possession of the suit property and running the National Talkies and further directing the 4th defendant/Commissioner of Police not to act upon the letter dated 28. 1983 sent on behali of the 1st defendant by his lawyer and for costs.

3. During the pendency of the appeals, the 1st respondent C.R.Govindaswami Chettiar died and respondents 4 to 6 were brought on record as the legal representatives of the 1st respondent as per order in C.M.P.No.11647 of 1992 dated 112. 1992.

.4. The subject matter of both the suits is one and the same. The suit property is originally known as Kothandarama Theatre and now known as National Talkies, West Mambalam, Madras-33. The land on which the cinema theatre was constructed was purchased by C.V.Rajagopala Chettiar from one S.Nataraja Mudaliar under a deed of sale dated 13. 1940. The said C.V.Rajagopala Chettiar constructed a theatre thereon known as Kothandarama Theatre and has been in possession and enjoyment thereof by leasing out the same to others for running a talkie and cinema exhibition thereon and has been deriving rent therefrom utilising the same for his own purpose.

5. A family settlement deed dated 26. 1948 was executed by the said C.V.Rajagopala Chettiar in favour of his three sons viz., the plaintigffs and the 2nd defendant, who shall take the property during their life time and enjoy the net income therefrom in equal shares without any right to alienate by lease of the premises. After the death of the said C.V.Rajagopala Chettiar, the property was inherited by the plaintiff’s and the 2nd defendant, who are the owners of the suit property, which is a running theatre with buildings, fittings, fixtures, furnitures, etc., as shown in plaint Schedules A and B. The settlement deed provides that the eldest son of C.V.Rajagopala Chettiar shall be the Managing Trustee and manage the theatre for and on behalf of the other settlees. The plaintiffs and the 2nd defendant are thus entitled to the theatre buildings, machinery, furniture, equipments etc., The 1st defendant became a tenant of the suit property, under the plaintiffs and the 2nd defendant as evidenced by the registered lease deed Ex.A-1 dated 30.12.1970. The lease, according to the plaintiffs, is a composite lease and does not fall within the provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, as amended by Act 23 of 1973 (hereinafter referred to as the Act).

6. The plaintiffs would submit that the property was leased out as a running theatre with equipments, machinery, fittings, furnitures, etc., and as a composite lease. The lease was for a period of 13 years commencing from 1. 1971. The same has expired by efflux of time by the month ending 312. 1983. The rent fixed under the lease deed was Rs.750 per month for the period from 1. 1971 to 30.11.1973 at Rs.1,250 per month from 12. 1973 to 312. 1978 and at Rs.1,400 per month from 1. 1979 to 312. 1983. The lease of the building and the hire charges for furniture, fittings, equipments, etc., are co-existe