IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 30.11.2023 Pronounced on : 16.05.2024 CORAM:

THE HONOURABLE MR. JUSTICE A.A. NAKKIRAN C.S.No. 105 of 2011 M/s.Vijaya Medical and Educational Trust, Rep.by its Managing Trustee, Having office at (Old No.180), New No.434, N.S.K. Salai, Vadapalani, Chennai – 600 026. .. Plaintiff Versus M/s. R.K.V. Studioss (P) Ltd., Rep.by its Managing Director, R.K. Venkatathiri, Having office at 317-G N.S.K. Salai, Vijaya Garden, Vadapalani, Chennai – 600 026. .. Defendant Prayer: Civil Suit filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 CPC praying to pass a Judgment and decree:

a) For delivery of vacant possession of the suit property along with the theatre equipments by the defendant to the plaintiff.

b) For damages for use and occupation of the suit property at the rate of Rs. 3,60,000/- per month for the month of November and December

2010 totaling to Rs.7,20,000/-

c) for future damages at the rate of Rs.3,60,000/- per month from January, 2011 till the delivery of possession, d) Pass such further or other orders as this Hon'ble Court deem fit and proper in the circumstances of the case and thus render justice.

For Plaintiff : Mr.T.S. Baskaran For Defendant : Mr.P. Chandrasekar ----

JUDGMENT

The suit is filed for the following reliefs:

a) For delivery of vacant possession of the suit property along with the theatre equipments by the defendant to the plaintiff.

b) For damages for use and occupation of the sait property at the rate of Rs. 3,60,000/- per month for the month of November and December

2010 totaling to Rs.7,20,000/-

c)For future damages at the rate of Rs.3,60,000/- per month from January, 2011 till the delivery of possession, d) Pass such further or other orders as this Hon'ble Court deem fit and proper in the circumstances of the case and thus render justice.

2. The brief facts of the case of the plaintiff are as follows:

(a) The suit property is known as "Vijaya Garden Deluxe Theater"

situated at M/S. Vijaya Gardens, Opp Vijaya Hospital, Vadapalani, Chennai 26, morefully described in the schedule hereunder. M/S.Vijaya Garden Theatre, a unit of Vijaya Productions Pvt Ltd., who owned theatre and equipments intended to lease out the theater with the equipments to a third party and one Mr.R.K.Venkatathiri, the Managing Director of the Defendant Company approached the original owner and had taken the theatre along with the equipments on lease. A lease deed dated 05-10-1998 was executed between the original owner M/s. Vijaya Garden Theater and Mr. Venkatathiri. As per the terms of the Lease Deed, the lease was for a period of 7 years commencing from 01-10-1998. The Lessee had paid an rental advance of Rs.7,00,000/- towards the equipments and Rs.3,00,000/- towards the theatre. The rent was fixed at Rs.25,000/- per month for first two months ie., till renovation and other works were to be completed and thereafter the monthly rent was agreed to be paid at Rs.45,000/- pm., It was further agreed that an increase of rent of 15% after three years of lease and 20% increase on the 7th year shall be paid by the leasee. The lease entered between the parties is a composite lease consisting of the land, building, theatre and its equipments. The terms of the conditions of the lease deed dated 05-10-1998 may be read part and parcel of this plaint.

b).Pending the lease period, the original owner M/s.Vijay Productions Pvt Ltd., had transferred their rights over the suit property ie. M/s.Vijaya Garden Theatre, in favour of “Vijaya Medical and Educational Trust”, a Public Trust, the Plaintiff herein. The transfer came into effect from 1^st April 2002. The original owner M/s.Vijaya Productions Pvt Ltd., by its letter 17-04-2002 informed the transfer of rights in favour of Plaintiff and directed the defendant to attorn the tenancy in favour of Plaintiff. The Plaintiff trust also by its letter 22-04-2002 had informed about the transfer of rights in their favour and directed the defenda