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 right to raise constructions on the land or to use it as an open land. On default of payment of rent even after three months notice, it was provided by clause (4) of the deed that the lessor would be further entitled to take steps in the manner provided in clause 17 of the deed, which we will presently extract. It was also agreed that the lessor would sell the land to the lessee within the period specified in clause 15 of the deed, to which we shall refer immediately, for a price of Rs. 1,29,111-8-0 out of which a sum of Rs. 32,227-14-0 being one fourth of the amount was paid in cash on the very date of the execution of the deed of lease. It was agreed that if the land was acquired under the provisions of the Land Acquisition Act, the lessee should take the entire amount of compensation and pay to the lessor an amount calculated at the rate of Rupees 3-8-0 per square yard whether such amount was more or less than the amount of compensation. Clause 15 provided that if any any time after 2 years and within seven years from the date of execution of the deed the lessee desired to purchase the land for the stipulated price of Rs.1,29,111-8-0 (calculated at the rate of Rs.3-8-0 per square yard), the lessor was bound to execute a deed of sale, in favour of the lessee or his nominees. If the lessee, on calculation, was found to have overpaid the rent up to the date of sale he was to get credit for the same. If the lessee got the deed of sale executed within two years, he would have no claim to get credit for any part of the two years rent paid in advance, the whole of which was to be returned by the lessor. Clause 17 of the deed, the most important clause for our present purpose was as follows :

"(17). If the party of the second part fails to get the sale effected within the specified time, after paying the sale price agreed to by the parties of both the parts as mentioned in para 15 herein above, the party of the first parts shall after giving three months notice in writing be lawfully entitled to force the party of the second part to get the sale effected. If in spite of giving the notice, the party of the second part fails to pay the balance of the consideration amount and get sale deed executed, the party of the first part shall be entitled to take possession of the said land together with whatever structures the party of the second part may have constructed thereon. After taking such possession, the party of the first part shall be bound to sell the same by public auction at the costs and risk of the party of the second part. if, the amount realised at the public auction mentioned above, is less than the price of the land agreed to in this deed, the party of the first part shall be entitled to recover the deficiency from the second part, and if the amount re