Judgment

SUBBA RAO, J.: On or about October 2, 1879, the Corporation of the town of Calcutta incorporated under Bengal Act IV of 1876 entered into an agreement in writing with Dillwyn Parrish. Alfresh Parrish and Robinson Souttar, hereinafter called the grantees, whereunder the Corporation granted to the said grantees the right to construct, maintain and use certain tramways in Calcutta on payment of certain rents as provided in the said agreement. The agreement contained an arbitration clause which provided for referring any disputes arising under the said agreement to arbitration in the manner prescribed thereunder. The said agreement further provided in cl. 28 that the words "the said Corporation" would include the Corporation and its successors. Different agreements were entered into between the successors of the Corporation of Calcutta and the grantees from time to time, namely, on November 22, 1879, September 2, 1893, and December 9, 1899, and were confirmed by appropriate Acts. In all these agreements the appellant s predecessor-in-interest agreed to pay the rents to the respondent s predecessor-in-interest in respect of the tramways constructed, maintained and used by them.