Judgement

Law. Rep. 67 Ind. App. 25 ( 1939- 1940)

A. Ranganatham C hetti V. M. Ethirajulu Nayudu 151

Appeal (No. 61 of 1938) from a judgment and decree of the High Court in its civil appellate jurisdiction (March 31, 1937) affirming a judgment and decree of the same Court in its ordinary original civil jurisdiction (October 8, 1936).

On October 18, 1912, the appellants father, one Nathamuni, obtained a lease of a plot of land in the City of Madras from the respondent, M. Ethirajulu Nayudu, and his undivided brother, for a period of ten years from October 1, 1912, to September 30, 1922, at a monthly rental of Rs.50. The tenant was to be at liberty to erect a superstructure on the land. In 1914 Nathamuni improved an existing superstructure, and built a theatre. In 1920, during the currency of the lease, and the respondent having become the sole owner of the land, there were negotiations which resulted in an agreement by the respondent to give a fresh lease at Rs.100 a month. On the strength of that agreement Nathamuni demolished the existing building and erected in its place a substantial building on the land. A formal lease was executed on February 1, 1923, under which the plot of l