RAMASWAMI
Hajee Mohamed Hajee Moosa Sait – Appellant
Versus
The Globe Theatres Ltd. – Respondent
JUDGMENT :- Suit (a) for ejectment and delivery of vacant possession of the suit premises inclusive of the equipment, machinery, fittings and furniture as detailed in schedules 1 and 2 of the plaint in the same condition in which they were at the time when the defendants were put in possession subject to natural wear and tear; (b) for payment of Rs. 3362-10-0 being the difference in Corporation Tax paid by the plaintiff and of for payment as mesne profits or damages for use and occupation a sum of Rs. 2,700/- from 1-3-1953 upto the date of filing the suit at Rs. 150/- per day and similar mesne profits at the same rate from date of plaint till date of delivery of possession and (d) for costs.
2. The case for the plaintiff is : The plaintiff is the owner of the premises known as Roxy Theatre at, Purasawalkam High Road, Madras. It was leased out to the defendants under a lease deed dated 17-4-1346 on a monthly rent of Rs. 1500 for the Talkie premises and a hire of Rs. 250/- per month for the moveables talkie equipment, furniture and fittings. The lease got determined on 21-10-1919.
But the defendants continued to occupy the theatre and make use of the machinery even after the e
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