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1994 Supreme(SC) 423

M.K.MUKHERJEE, S.MOHAN
G. Giriyappa – Appellant
Versus
Anantharai L. Parekh – Respondent


Advocates:
G.MOHAN RAO, K.R.NAGARAJA, KIRAN SURI, NIKHIL NAYAR, P.Mahale, Promila Chaudhary, S.B.VAD, S.S.JAVALI, T.V.S.N.Chari

Judgment

M. K. MUKHERJEE, J.:- The landlords-applicants in an application for eviction are the appellants in these three appeals. Facts leading to the filing of the appeals are as under.

Gangadharappa, the father of the appellants, was the owner of a vacant site bearing No. 207, situated at Srinivas Mandir Road, Balepet Cross, Bangalore. He executed deed in favour of the respondent No. I herein leasing the said site for a period of 20 years commencing from January 6, 1966. The lease deed provided, inter alia, that the lessee would be entitled to construct a building at his own expense and use it for himself and for others at his instance. It further provided as follows:

"The lessee may let or sub-let any portion of the whole of the premises to anybody whomsoever he likes. But the lessee shall deliver possession of the same to the lessor or to his success ors-in-interest at the expiry of the lease."

2. Pursuant to the said lease the respondent No. 1 took possession of the site, constructed a building thereon and inducted the respondent Nos. 2 to 8 herein as his tenants (hereinafter referred to as the sub-tenants). Before the period of lease expired Gangadharappa died leaving behind the


















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