JUDGMENT

CHINNAPPA REDDY, J.:— The appellant Bai Dosabai obtained two plots of land in Survey Nos. 59 and 63 of Vastrapur from her father-in-law, Jehangirji, by way of gift. On February, 25, 1946, Dosabai executed a deed, styled "a deed of lease" in favour of Indu Prasad Dev Shankar Bhatt, whose successors in interest are the respondents to this appeal. The material terms of the deed were the following : The lease was to be for a period of seven years from January 23, 1946. As a tenant was already in actual possession of the land, the lessee in whose favour the deed was executed was given symbolic possession only. The stipulated rent was Rs.4357-8-3 per year. Rent for two years was to be paid in advance. In fact it had already been paid on January 23, 1946. The future rent was to be paid in advance every year. If the lessee failed to pay the rent the lessor was to demand the same by giving notice of three months. If the lessee continued to default despite the notice, the lessor was entitled to recover the rent with damages and costs. The rent was to be a first charge on the land as well as the structures that might be constructed on the land, the assessee having been given the righ