S.B.SINHA, MAHEMMAD HABEEB SHAMS ANSARI
JUTE CORPORATION OF INDIA LTD. – Appellant
Versus
SUDERA ENTERPRISES PVT. LTD. – Respondent
( 1 ) THESE two appeals being inter-related were taken up for hearing together and are being disposed of by this common judgment.
( 2 ) M/s. Sudera Enterprises Pvt. Ltd. (hereinafter referred to as 'sudera') has filed a suit for eviction against Jute Corporation of India Ltd. (hereinafter referred to as the 'jute Corporation') inter alia, on the ground of expiry of the period of lease dated 5th December, 1970. Admittedly, the said indenture of lease contained a renewal clause which is in the following terms :--"in case the Lessee shall be desirous of obtaining a renewed lease of the demised premises for a further period of ten years and of such desire shall give at least two months' previous notice in writing to the Lessor and shall have duly paid the rent and complied with the (sic) carried all the covenants and conditions herein contained and on the part of the Lessee to be paid observed and performed then and in such case the Lessor shall at the cost and expense of the lessee grant to the Lessee a renewed lease of the demised premises for a further term of ten years on the same terms and conditions herein contained except as to rent as may be mutually agreed an
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