P.K. Balasubramanyan, J.

The defendants are the appellants. The suit by the plaintiffs was for recovery of possession on the strength of their title with mesne profits. The suit was resisted by the defendants. The suit was decreed by the trial court. The appeal filed by the defendants as A.S.249 of 1992 was dismissed by a learned Single Judge. This appeal is filed by the defendants under S.5(ii) of the High Court Act.

2. The plaint schedule property was leased by the predecessor of the plaintiffs the owner of the property to the Esso Standard Eastern, Inc on 29.9.1970 on a monthly rent of Rs. 300/-. The term of the lease was ten years from 1.6.1970. The lease deed conferred a right on the tenant to exercise an option for renewal of the lease for a further term of ten years. The relevant clause, clause 3(d) in the lease deed Ext. Al dated. 29.9.1970 read as follows:

"(d) That the landlord will on the written request of the tenant made before the expiry of the term hereby created and if there shall not at the time of such request be any existing breach or non-observance of any of the covenants on the part of the tenant hereinbefore contained grant to it a lease of the demis