JUDGMENT

Kapadia, J.-This civil appeal, by grant of special leave, arises out of judgment and order dated 10.6.1999 of the High Court of Calcutta in FMA No. 37 of 1997 allowing the appeal of the respondent herein and setting aside the order of 2nd Assistant District Judge, Alipore, Calcutta, rescinding the agreement dated 16.8.1980 under section 28 of the Specific Relief Act, 1963 (hereinafter referred to as "the 1963 Act").

2. Briefly, the facts are as follows. Appellants herein are the Trustees of the Trust Estate of Raja Rajendra Mullick Bahadur owning suit premises bearing Nos. 225B and 225C, Lower Circular Road, Calcutta with eight cottages and a main building, more particularly described in the schedule annexed to the lease dated 25.11.1960 executed by the Trustees in favour of Mohd. Ismail for 21 years commencing from 1.5.1960.

3. Some of the relevant terms and conditions of the said lease are as follows:-

"(i) The lessee, i.e. Mohammad Ismail, would pay monthly rent at the rate mentioned in the said lease;

(ii) The lessee would pay the entire occupiers share of Corporation rates and taxes;

(iii) The lessee would be entitled to