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1929 Supreme(SC) 9

Rakhal Chandra Basak and others – Appellant
Versus
Secretary of State – Respondent


Advocates Appeared:
The Solicitor, India Office, Hy. S. L, Polak, Kenworthy Brown, A.M. Dunne, W. Wallach, L.De Gruyther

Lord Chancellor.:-

This is an appeal from a judgment of the High Court of Calcutta reversing the judgment of the District Judge of Dacca. The question in issue turns upon the construction to be placed upon a lease made in the year 1887 between the predecessor-in-title of the present appellants and one Kishori Lal Boy Chowdhuri, his lessee. By that lease the lessors granted to Kishori Lal Roy Chowdhury a lease of certain property in Dacca. The lease commences with the recital that Kishori Lal Roy Chowdhuri had taken a lease of a house described as No. 73, the boundaries of which are set out in the document, and it recites that it is necessary for Kishori Lal Lal Roy Chowdhury to secure a house for a long period, with the object of removing the insufficiency of accommodation and comfirming the stability of a school and College which had been established thereon. Then it recites that the lessors are agreeable, according to the lessee's proposals, to keep the house on lease to the lessee as long as he likes. It goes on to stipulate for a monthly rental of Rs. 140 and that the lessee shall not be entitled to give up the house before he prepares a house of his own for the school, and that




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