The Chief Justice.-This is an application for the issue of a writ of certiorari to quash the order of the Second Judge, Small Causes Court, Madras, sitting as the appellate authority, made by him on the 16th August, 1949, in H.R.A. No. 1077 of 1949 setting aside the order of the Rent Controller, dated the 2nd August, 1949, and directing eviction of the petitioner from the premises described as "Maharani Talkies".

By a registered deed, dated the 15th November, 1948, executed by and between the petitioners and the respondents 1 to 3, the respondents as lessors demised to the petitioners as lessees the cinema theatre known as "Maharani Theatre or Maharani Talkies", Madras, situated in Washermanpet. What was demised is thus described in the indenture:

"All the piece of ground with the new cinema theatre including the buildings and stall erected thereon known as ‘Maharani Theatre’ or ‘Maharani Talkies’. . . . together with all easements and appurtenances whatsoever thereunto belonging and also all the fixtures, fittings, cinematographic talkie equipments, machinery, furniture, scenery and things in, upon and about the said theatre specified in the inventory hereunder."

The lease was for a term of five years commencing from the 1st October, 1948. The monthly rent and hire was fixed at Rs. 3,200 and this sum is expressed to be made up as follows:

(1) Rs. 1,600 being rent for the ground and superstructure,

(2) Rs. 800 being hire of furniture, and

(3) Rs. 800 being hire of talkie equipment, machinery, fittings and lessors’ fixtures.

The provisions of the lease deed which are material for the purpose of this application are contained in clause I, sub-clauses (2) and (3), clause 25 and clause II, sub-clause (4) proviso.

"Clause 1(2):-to pay the monthly reserved rent and hire regularly each English calendar month’s rent and hire being payable on or before the 10th of the respective succeeding month (whether demanded or not) irrespective of the question whether the necessary permission or licence from the municipal, police or other authority has or has not been applied for or obtained by the lessees and irrespective of the suspension or revocation temporarily or otherwise of the licence or permission and irrespective of the question whether the cinema or theatre is run or not.

(3) to pay to the lessors an advance of Rs. 21,000 of which sum the lessees have already paid Rs. 10,000 and the balance of Rs. 11,000 being payable at or before the execution of these presents. The said advance shall not carry any interest and shall be returnable to the lessees on the termination of the lease hereby created but subject to the lessees having complied with their covenants hereinafter contained. The lessors shall be at liberty to adjust the said advance towards the arrears of rent and hire if any remaining unpaid and towards damages, losses, charges, costs and expenses recoverable both under this deed and in law.

Clause 25: To yield up subject to the exceptions and provisos hereunder mentioned, the demised premises together with the said fixtures, fittings, talkie equipment, machinery, furniture, scenery, articles and things and additions, alterations thereto and to the said buildings whether severable or otherwise and whether they are lessors’ or lessees’ fixtures or additions and also all effects which shall be brought upon the said premises in addition thereto or substitution thereof at the expiration or sooner determination of the said term in good and substantial repair and condition and with a full and working stock for the requirements of the cinema, and the theatre, belonging to the lessors, and otherwise in a fit, proper and working condition to be used for cinema and theatrical representations.

Clause II, sub-clause (4), proviso (1):-If the rent hereby reserved (or any part thereof) shall remain unpaid for two tenancy months after the same becomes payable (whether legally or formally demanded or not) or if the lessees shall fail or neglect to pe