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1990 Supreme(SC) 287

A.M.AHMADI, S.RANGANATHAN
Suryakumar Govindjee – Appellant
Versus
Krishnammal – Respondent


JUDGMENT

RANGANATHAN, J.- Special leave to appeal is granted and the appeals are disposed of by a common order.

2. On June 9, 1936, Ramaswamy Gounder (the predecessor-in-interest of the respondents) executed a lease deed in favour of Gopal Sait (the predecessor-in-interest of the appellant). Certain passages from an English translation of the lease deed (which was in vernacular) are relevant for the purposes of the present case and they read thus:

"Whereas the property viz. vacant land, well and kaichalai etc. belongs to the party of the First part as his ancestral property;

Whereas the said property was leased out to party of the Second part on a monthly rental of Rs 12-8-0 for 15 years and taken possession by the party of the second part from party of the First part on December 3, 1935... and the party of the Second part for his convenience and at his own expenses and costs (was) permitted to construct in the said vacant land and instal petrol selling business....

[A]fter the expiry of lease period of 15 years i.e. on February 12, 1950 the lessee shall at his own expense remove the structure put up by him and deliver possession of the vacant land together with well and kaichalai in th

































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