Judgment

S. R. Das, J. : This is an appeal by the defendant in a suit for specific performance against the judgment and decree of the High Court of Judicature at Fort William in Bengal (Sir Trevor Harries C. J. and Mukherjea J.) dated 30-5-1948, dismissing his appeal and confirming, with certain modifications, the judgment and decree for specific performance passed by Ormond J. on 24-1-1947. There is no substantial dispute as to the facts leading up to the suit out of which the present appeal has arisen and they may shortly be stated :

2. Maharaja Sris Chandra Nandy of Cossimbazar is the owner of premises No. 374, Upper Chitpur Road, in the town of Calcutta (hereinafter referred to as the "said premises"). By an indenture of lease made on 27-4-1931, the Maharaja as manager of the Cossimbazar Raj Wards Estate which was then under the management of the Court of Wards demised the said premises to one Madan Gopal Daga for a term of 51 years commencing from 1-5-1931, at and for the monthly rent of Rs.1,083-5-3 and upon terms and conditions contained therein. By sub-cl. (6) of cl. 2 of the said indenture the lessee covenanted, amongst other things "not to assign the demised premises or a