Law: Civil Procedure Code (V of 1908)

Section:

(a) Words and phrases---"Theatre and related fields"---Definition---Production of stage plays would fall within definition of phrase "theatre and related fields". (b) Lease---Bids for lease of cinema/theatre at expiry of its previous lease, invitation of---Plea of incumbent lessee that during previous lease of ten years, he had made huge investment for installation of equipment, seats and converting cinema into cinema-cum-theatre, thus he had automatically earned preferential right to its fresh lease---Validity---Incumbent lessee had given undertaking to lessor that he would not claim any such preferential right by virtue of such investment at time of expiry of his lease---Had such been an intention of parties to give such preferential right to incumbent lessee, then same would have been incorporate in his lease---Incumbent lessee, therefore, had no such right. (c) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Bids for lease of cinema, invitation of---Petitioner claimed to be highest bidder by offering to pay a sum of Rs.3,50,000 per month for being sole bidder---Acceptance of respondent's bid by Authority for being higher than petitioner by Rs.81,000 per month---Petitioner's willingness to offer Rs.4,50,000 per month instead of Rs.4,31,000 as offered by respondent---Respondent's willingness to improve upon petitioner's offer by offering Rs.4,75,000 per month---Process of improving upon offer made by each party before court culminated in a final bid of Rs.10,25,000 per month offered by respondent---Petitioner failed to match such bid of respondent---Interest of Authority stood adequately served by increase in rent from Rs.4,31,000 per month to Rs.10,25,000---High Court dismissed constitutional petition with observations that Authority would grant lease to respondent according to standard terms and conditions subject to payment of rent @ Rs.10,25,000 per month in addition to security deposit and other charges, if any, required to be paid under relevant rules and regulations. JUDGMENT IJAZ UL AHSAN, J.--The petitioner is a registered partnership concern engaged in the business of running cinemas and theaters. As a part of its business it…

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