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1940 Supreme(Mad) 406

ALFRED HENRY LIONEL LEACH
M. T. Rajamanickam Chetty – Appellant
Versus
T. R. Abdul Halim Sahib – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. The question involved in this appeal is whether the right to continue a suit filed in the Court of the Subordinate Judge of Chingleput has devolved upon the respondent. The suit was instituted by one T.S. Abdul Kuddus Sahib on the 9th March, 1934. The plaintiff asked for a decree for Rs. 15,000 as damages flowing from the wrongful termination of a lease in his favour and the entry upon the leased premises of the defendants, who are the appellants. The lease was dated the 9th September, 1930 and was for a term of three years which commenced on the 15th of that month. The premises leased consisted of a building which was being used as a cinema theatre. The agreement between the parties was that the lessors and the lessee should share equally in the rents of certain shops which were on the premises and the moneys derived from the letting of the theatre for entertainments. The plaintiff averred that the lessors resented the fact that he was entitled to half the rents of the property and as the result of this they entered upon the premises wrongfully and ousted him therefrom. He also averred that valuable articles left by him upon the premises h






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