Venkatarama Aiyar, J.- This is an appeal by the defendant against the judgment and decree in C.S. No. 118 of 1947 on the file of the Original Side of this Court. The appellant is the Managing Director of a company called the Presidency Talkies, Ltd., which owns a cinema house called “the Paragon Talkies.” The plaintiff is the producer of a film called “Rukmangadan.” On 31st August, 1946, an agreement was entered into between the parties (Ex. P-1), for exhibiting this picture in the Paragon Talkies. The agreement runs as follows: 31st August, 1946.

“To.

Mr. P.S.V. Aiyar,

Messrs, Ayyar Productions,

Mount Road, Madras.

Dear Sir,

In continuation to our letter of the 28th instant and with further reference to our personal interview of the 30th, we 9gree to release your picture ‘Rukmangadhan’ featuring G.N.B. and others, in continuation of ‘Mayamachindra’ in our Paragon Talkies, Madras, on the following terms:

1.Date of release: In continuation to ‘Mayamachindra’ failure on your part to supply your picture immediately in continuation of ‘Mayamachindra’ shall make this contract null and void, but on or before October 10, 1946.

2.Percentage: Sixty per cent. of the nett collections for the first w

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