Judgment

SHELAT, J. :- By a deed of lease, dated May 5, 1906, the predecessor-in-title of the respondent let out to the appellant s father an open portion of land measuring 26 ft. x 225 ft. out of a larger plot. The lease was for constructing building and for a period of 30 years certain at the annual rate of Rs. 130/-. The lease contained, inter alia, the following :

"Even after the prescribed time limit, I shall have a right to keep my structure on the leased out land, so long as I like, and I shall be paying to you the rent every year as stated above. You will have no right to increase the rent and I shall also not pay it, myself and my heirs shall use this land in whetever manner we please. After the lease period, we shall, if we like remove our building right from the foundation and vacate your land. In case we remove our structure before the stipulated period, we shall be liable to pay to you, the rent for all the thirty years, as agreed to above .......... In case I were to sell away the building, which I shall be constructing on the above land, to anyone else, the purchaser shall be bound by all the terms in this lease-deed. ........" The trouble between the parties started w