Judgement

Appeal (No. 107 of 1928) from a decree of the High Court in its appellate jurisdiction (November 25, 1927) reversing a decree of the Court in its original civil jurisdiction (April 14, 1927).

On August 23, 1910, the predecessor in interest to respondents Nos. 1-5 executed in favour of a lessee represented by respondents Nos. 6 and 7 a building lease of immovable property in Calcutta for a term of sixty-one years. The lease contained covenants, fully set out in the judgment of the Judicial Committee, by which the lessee had liberty, without obtaining the lessors consent, to underlet the premises and the buildings to be erected ; and the lessee had no power (subject to an immaterial exception) to assign, transfer, or alienate his right, title, and interest in the demised premises. The lease further provided by clause 10 that if any breach should be made by the lessee in any of the covenants and agreements on his part to be observed, it should be lawful for the lessor to re-enter upon the demised premises as if the lease had never been executed.

On May 7, 1923, the respondents Nos. 6 and 7 executed in favour of the appellants predecessor in title a mortgage of property inclu