SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1990 Supreme(Ker) 290

KRISHNAMOORTHY
Aboobacker Keyi – Appellant
Versus
Govindan Sons – Respondent


Judgment :-

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

























































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top