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1990 Supreme(SC) 396

S.RANGANATHAN, K.N.SAIKIA
Life Insurance Corporation Of India – Appellant
Versus
India Automobiles And Company – Respondent


Advocates:
K.PARASARAN ATTORNEY, K.SWAMY, KAILASH VASUDEV, M.J.Paul, P.D.SHARMA, T.K.SESHADRI, T.S.KRISHNAMURTHY IYER

JUDGMENT

RANGANATHAN, J.:—A very interesting question comes up for consideration in this appeal. The question to be ultimately decided falls within a very narrow compass but it is necessary to set out the facts leadingto the present appeal at some length.

2. The property, which is the subject matter of the present dispute, originally formed part of an extent of land situated on Mount Road, Madras, bearing doors Nos. 2, and 3 and measuring 41 grounds and 2005 sq. ft. It belonged to several co-owners. These co-owners had leased out the properties under two lease deeds in favour of M/s. India Automobiles, which was then the sole proprietary concern of one of themselves, Ganshyamdas Girdhardas (G.G.), but was converted subsequently, in 1961, into a partnership concern of G.G. and his four sons. The firm and its partners are hereinafter compendiously referred to as the tenants. The first lease (Ext. P-1) was dated 22-9-1947 and related to Door No. 2 (Item No. 1 in Schedule A to the plaint). This was a property comprising of an area of 4 grounds and 151 square feet with certain buildings thereon. The rent for the premises was Rs. 150/- per month. The second lease deed (Ext. P-2), dated 3-






























































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