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(1) This Letters Patent Appeal is directed against the judgment and order of Panchapakesa Aiyar J. in C. M. P. No. 1835 of 1958 in A. S. No. 255 of 1957 on the file of this court. The appellants before us were the respondents in the petition, and the New Theatres Carnatic Talkies Ltd., the respondent before us, was the petitioner in that proceeding. That was an application made under S. 9(1) of the Madras City Tenants Protection Act, Act III of 1922, as amended by Madras Act, 19 of 1955, to direct the appellants before us to sell to the respondent the land on which the theatre constructed by the respondent stands.

It was also provided in the lease deed that, on the expiry of the lease period, vacant possession of the land should be given to the lessor after removing any buildings which the lessee might construct thereon. On 17-4-1937, Abhirama Chettiar assigned his interest in the leasehold for the un-expired portion of the lease period to the respondent before us, the New Theatres Carnatic Talkies Ltd. Even before that, there was a partnership between Abhirama chettiar and the Managing director of the Company, in pursuance of which a pucca cinema theatre was put up on the site in 1934-35, at a cost of over 11/2 lakhs.