M. Jagannadha Rao, C. J.

( 1 ) THE appellant,air India, entered into an agreement with the respondent company on 1. 11. 1989 in respect of occupation of the premises called "scindia House" as a tenant for 5 years, subject to renewal for a further period of 5 years. The agreement was not registered nor was any regular lease deed executed. Under the agreement, the appellant had to pay a monthly rental of Rs. 3,54,321. 00 and also an advance of Rs. 80,93,000. 00 and the advance was repayable by the owners in 60 instalments (spread over 5 years) at Rs. l,34,898. 00 per month. In other words, the appellant-defendant would pay the landlord Rs. 3,54,321. 00 per month, while the respondent would return back Rs. l,34,898. 00 per month. Clause 4 of the agreement stated that the tenanted premises should be of top quality construction, which shall be carried out and completed at the cost of the owners and the said renovation and reconstruction should be completed within 3 months of the starting of the job. For the aforesaid purpose, the appellant would vacate the premises or a part thereof temporarily to enable the owners to start the work and also would pay 2 years advance rent. In no case, t

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