The suit is for enforcement of the right of pre-emption for the purchase of the suit schedule property.

2. Heard Mr.T.V.Ramanujan, learned senior counsel for the plaintiffs, Mr.S.B.S.Raman, learned counsel for the first defendant and Mr.Satish Parasaran, learned counsel for the second defendant.

3. Theaverments contained in the plaint, in brief, read as under:

(a)One Mr.J.H.Irani took on lease the premises bearing Door Nos.2, 3 and 4, Blackers Road, Mount Road, Madras. The lease was taken on and from 14. 1940 from the Receivers of the Estate of Late Haji Sir Ismail Sait and a registered lease deed was entered into on 17.02.1943. The land bearing Door Nos.2 and 3 were taken on lease for the purpose of putting up a cinema theatre and consequently, the land contiguous to the theatre land was also absolutely necessary;

(b)The period of lease was prescribed under the lease deed as twenty one years commencing from 14. 1940 and ending on 14. 1961, with an option for renewal for a further period of ten years, ending on 14. 1971. The lease rental was fixed at Rs.450/- per month;

(c)The lease was actually in respect of the land with authority to construct a theatre building adjacent to the existing building known as English Ware House, which had a separate door number, viz. Door No.4. Thus, the building that formed part of the leased premises was actually located at Door No.4 and the remaining part of the land was separate with Door Nos.2 and 3. The total extent of land was 16 grounds and 642 sq.ft. and the building known as English Ware House in Door No.4 was located in the land of an extent of 1 ground and 1926 sq.ft.;

(d)The lessee J.H.Irani constructed a theatre on the land leased out to him in Door Nos.2 and 3, at his own cost, in the year 1940-41 and the theatre was named as "Casino";

(e)Under Clause 3(a) of the registered lease deed dated 12. 1943, all the theatre and the other buildings constructed by the lessees had to be maintained at the lessees own cost in a good condition and had to be handed over to the lessor at the time of completion of the period of lease, without claiming any compensation for such buildings and theatre;

(f)The original lessee J.H.Irani died in 1949, leaving his widow T.J.Irani, three sons by name (i) P.J.Irani, who is the third defendant in the suit; (ii) M.J.Irani, who is now no more and whose legal heirs are defendants 4 and 5 herein; and (iii) F.J.Irani, who is the first plaintiff herein. The lessee J.H.Irani also left behind two daughters, who are plaintiffs 2 and 3 herein. T.J.Irani, the wife of the original lessee J.H.Irani, died in 1962;

(g)Late M.J.Irani, son of the original lessee J.H.Irani, left behind two other heirs, apart from defendants 4 and 5, but, they are not impleaded as parties, since defendants 4 and 5 have been appointed as Executors of his Estate and in any event, neither defendants 4 and 5, nor other heirs of M.J.Irani claim any right or interest in the suit property;

(h)The first plaintiff earlier filed a suit in C.S.No.886 of 1992 against the first defendant, for a declaration that the estate of late J.H.Irani (original lessee) was the owner of the theatre building and for a declaration that the clause in the lease deed requiring the lessees to hand over the building at the time of completion of the period of lease is null and void and for a consequential injunction to restrain the first defendant herein from claiming any rental as though the first defendant is the owner of the superstructure;

(i)After the filing of C.S.No.886 of 1992, there was a family arrangement among the legal heirs of the original lessee. By the said arrangement, the plaintiffs alone are to take over the business of the theatre. In order to confirm such a family arrangement, defendants 2 to 5 were impleaded as formal defendants to the suit;

(j)The entire structures, including the theatre at Door Nos.2 and 3, Blackers Road, were put up by Late J.H.Irani and the same has been admitted by the fi