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1972 Supreme(Mad) 496

M.M.ISMAIL, K.S.PALANISWAMY
Messrs. Pals Theatres – Appellant
Versus
B. Abdul Gaffoor Saheb – Respondent


Advocates:
Venkataramani, for Appellants.
Parasaran, for Respondents.

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 Exhibit P-1 on 18th October, 1960 are “buildings” within the meaning of the Madras Buildings Lease and Rent Control Act, 1960 (Madras Act XVIII of 1960) (hereinafter referred to as the Act). The suit properties consist of two theatres. One is called Noorjahan Talkies situated in Saidapet and the other is called Janata Talkies situated in Pallavaram. These two theatres originally belonged to one Batcha Sahib, who died on 25th August, 1960, leaving his widow Amina Bi, son Abdul Gaffoor (first plaintiff) and two daughters Noorjahan Begum and Bibi Jan, (Plaintiffs 4 and 5). Batcha 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 18th. October, 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, di































































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