JUDGMENT

MISRA, J. :— The present appeal by special leave is directed against the judgment of the High Court of Gujarat dated 10th February, 1970.

2. The dispute between the parties concerns a plot of land admeasuring 100 ft. X 164 ft. (i.e., approximately 1822 sq. yards) out of survey No. 18 in the city of Nadiad. This plot was owned by Deviprasad Motilal Jaiswal and Vora Sunderlal Manilal was occupying it as a tenant. He had also made certain constructions on the disputed plot. The appellant purchased the said plot under a registered sale deed dated 18th April, 1955. The defendant accepted the plaintiff as owner on a rent of Rs. 1325/- per annum with effect from 18th April, 1955 under a registered rent note dated 9th June, 1955 for a period of five years. The rent note provided (1) that the defendant shall pay to the plaintiff the amount of municipal tax at the rate of Rs. 40/- per annum in respect of the rented premises, (2) that the said premises shall not be let out to anyone else, and (3) that on the expiry of the period of five years the defendant shall remove the constructions at his own expense and hand over to the plaintiff the premises in the condition in which it was let