( 1 ) THIS is a special appeal against a judgment of a learned single Judge of this Court dismissing a writ petition. The dispute is about the licence to run a Cinema. A cinema house is owned by the appellant Sri Bharat Bhushan and three other persons namely, Bharat Bhushans father Sri manna Lal, his brother Dip Chand and mother Srimati Munga Devi. The cinema house was let out to a person by the name of Sri R. M. Modi of Bombay for a period of five years and then after the death of R. M. Modi the cinema was leased for a period of three years to Sri K. M. Modi, the brother of Sri R. M. Modi. The term of lease expired on 31-5-1950. There was no renewal of the lease but Sri K. M. Modi has continued to be in possession of the premises. A civil suit for the ejectment of Sri K. M. Modi (hereinafter referred to as Modi) was filed by two of the proprietors, the appellant and his mother Srimati Munga Devi. That suit is still pending. Two applications were made for the grant of a license to run the cinema, one by the proprietors and the other by Modi. The District Magistrate, however, declined to issue the license in favour of any party on the ground that till the civil suit is