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2015 Supreme(Ker) 1460

A.HARIPRASAD
INDIRA MOTOR SERVICE – Appellant
Versus
PANAKKAT NAZARUDDIN – Respondent


Advocates Appeared:
For the Appellant : Biju Abraham, B.G. Bhaskar
For the Respondent: P.B. Krishnan, K.R. Avinash, Abdul Raoof Pallipath

JUDGMENT :

A. Hariprasad, J.

This second appeal raises the following substantial questions of law:

"(i) When the renewal clause in a lease deed expressly incorporates the renewal clause also as one of the terms of renewal, does the term of the lease expire with one renewal or only on expiry of two consecutive terms?

(ii) Whether the terms of Ext. A1 lease deed have been correctly interpreted by the lower courts in limiting the term of renewal to twenty years alone?

(iii) Whether a finding not required for the determination of the lis will operate as res judicata in a subsequent suit?"

2. Relevant facts, shortly stated, are thus: Defendants 1 to 3 in a suit for recovery of vacant possession of the plaint schedule property and also for realisation of money are the appellants. Plaintiff is the contesting respondent. For the sake of convenience, the parties are referred to as the plaintiff and defendants.

3. Property described in the plaint schedule belonged to deceased Panakkad Abdul Khader. He had created the commercial lease in question in favour of the first defendant firm represented by its then managing partner, deceased Balakrishnan. Ext. A1 document, styled as an indenture of lease, i










































































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