JUDGMENT

RAY, C.J.I :—This appeal is by certificate from the judgment dated 17th February, 1969 of the High Court of Kerala.

2. The respondent filed this suit against the appellant for recovery of property with arrears of rent and mesne profits and damages for waste.

3. The property measuring 550.37 acres consisted of 279.86 acres of planted area and the rest was unplanted area.

4. By a lease dated 7th October, 1950, the respondent leased out to the appellant the plantations together with Bungalow, quarters of what is described as "Beenachi Estate". The lease was for a period of 12 years with effect from 1st January. 1950. The rent for the first six years was fixed at Rs. 3,600 per annum. The rent for the second period of six years was fixed at Rs. 4, 500 per annum. The rent was payable in advance on 1st January of each calendar year.

5. The respondents case is that since 1953 the appellant failed and neglected to pay rent fixed under the lease. Clause 4 of the lease provided that if the rent would be in arrears and unpaid for 30 days after the same would become due it would be lawful for the lessor respondent to forfeit the lease notwithstanding the fact that the term had not expired.