Law: Contract, Act, 1872

Section: S. 216-A

  Partnership-Name and title-Partnership may carry on other business in another name within scope of terms of partnership deed.   Landlord and tenant-Tenant partly deprived of enjoyment of lease-Entitled to compensation by way of part abatement of rent.   Where a landlord commits wrongful and unlawful acts which deprive the tenant of the beneficial use and enjoyment of the property, it amounts to constructive eviction and the tenant enjoys immunity from the payment of rent until the landlord again permits him to have quiet enjoyment. This principle is invariably applied in cases where the tenant either claims abatement o f the rent or retains any part of the rent on account of having be en deprived of the beneficial enjoyment of the lease.   Where the tenant has enjoyed rights under the lease but has been partly deprived of its enjoyment, there is no reason why this principle should not be followed.   Meenakshi Sundara Nachiar v. Sa. Rm. Ch. Chidambaram Chetty and others 15 I C 711; (Rai) Jatindra Nath Chowdhury v. Uday Kumar Das A I R 1931 P C 104 and Ram Lai Dutt Darkar v. Dhirendra Nath Roy A I R 1943 P C 24 ref.   Contract Act (IX of 1872), S. 216-A, owner of building and machinery of cinema agreeing to exhibit under his management B's film for seven days and to pay to B balance of income after deducting his own rent placing cinema "at disposal of B"-A exhibiting his own film at (morning) extra show of cinema-B entitled to benefit received by A as agent of B.   JUDGMENT   WAHIDUDDIN AHMED, J.-This regular first civil appeal pertains to the screening of the picture "Sajan" belonging to the appellants for four weeks commencing from the 30th of April 1954 in the Ritz Cinema, Karachi, on a fixed rent of Rs. 4,500 per week under an agreement dated 22nd of April 1954. Under the terms of this agreement the respondent placed his cinema at the disposal of the appellants and bound himself to screen the picture "Sajan" at his cinema for seven consecutive days of the week for regular shows as are held in the month of Ramzan. The management of the cinema during this period was to remain with the…