KRISHNAMOORTHY
Aboobacker Keyi – Appellant
Versus
Govindan Sons – Respondent
These two appeals by the plaintiff arise out of a suit for recovery of possession of the plaint schedule property. S.A. No. 595/85 is against the judgment in AS. No. 59/83 and S.A. No. 595/85 is against the judgment in A.S. No. 60/83. The suit is for recovery of possession of the plaint property, which was leased out to the defendant for a period of 10 years with effect from 1-11-1970. This is evidenced by a lease deed executed on 13-11-1970 (Ext. A1). The land was demised on lease to the defendant for the construction of a petrol bunk. According to the terms of the lease the defendant was liable to pay a monthly rent of Rs. 350/- for the first five years and Rs. 400/- for the next five years. There is also a covenant providing an option to the tenant to renew the lease for a further term on the expiry of the lease, on terms to be agreed upon at that time. The term expired on 1-11-80. According to the plaintiff, if the defendant wanted to renew the lease, he should have exercised the option on the expiry of the lease on 1-11-1980. He did not exercise the option and accordingly the defendant is not entitled to continue in possession of the property. Accordingly the plain
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