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1960 Supreme(Ker) 136

M.MADHAVAN NAIR
Masilamani Nadar – Appellant
Versus
Kuttiamma – Respondent


Judgment :-

1. The defendant, in a suit for recovery of property with arrears of rent, is the appellant. The property belonged to the 1st plaintiff. It was leased out to the defendant as per Ext. A dated 1-11-1116 for an annual rent of Rs. 61/-. The lease deed was executed by the defendant in favour of the 1st plaintiff's husband and mukthiar holder, Pw.1, on behalf of the 1st plaintiff. It contained a provision that the defendant may put up any building that may be found necessary for his purposes, over and above the shed that existed on the date of the lease, and that if any such building was put up, the defendant would remove the same and surrender the property and the building that were let to him without any objection at the termination of the lease. Ext. A was for a term of one year but it contained a provision for renewal for another two years. According to the plaintiffs, after the expiry of three years from the date of Ext. A the term of the lease was extended by another six months and therefore the lease terminated on 30-4-1120. According to the defendant, on the expiry of three years from the date of Ext. A the term was renewed for another term, of three years. The only






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