The legal representatives of the defendant in a suit in ejectment, who have failed in both the Courts below, are the appellants before me; and the question for consideration in the second appeal is within a narrow compass, namely, whether the property which had been demised by the plaintiff to the defendant is a building as defend in the Madras Buildings (Lease and Rent Control) Act (XVII of 1960) the defendant claiming the protection of statutory tenancy.

The property in question is known as Murali Talkies, a cinema theatre, in Arcot in North Arcot District. It was the subject of a demise by the plaintiff to the defendant under a registered lease deed evidenced by Exhibit A-2, dated 1st April, 1955. The lease was for a period of five years and provided for the defendant- handing over possession of the demised property on the expiry of the lease on 31st March, 1960. The suit out of which this second appeal arises was filed for possession on the expiry of the period of lease, claiming in addition an injunction restraining the defendant from carrying on the cinema business in the demised theatre. The Courts below, following the decision in Rajah Chetty v. Jegannathadas1, and A