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1970 Supreme(J&K) 76

MIAN JALAL-UD-DIN
S. Manjit Singh – Appellant
Versus
J. P. Jarrawalla – Respondent


Advocates Appeared:
Advocate For Appellant: S. Lal
Advocate For Respondent: R.N. Vaishnavi

JUDGMENT: - In this case an objection has been taken by the defendants that the document which has been termed as an agreement is not a mere agreement but a lease deed or an agreement for lease and therefore chargeable under the appropriate head under the Stamp Act. This point was argued by the learned counsel for the parties at great length. It is relevant to reproduce the contents of the document which are as follows: -

"1. The lease shall commence with effect from 1st April, 1957.

2. The rental is fixed at Rs. 13400/-(rupees thirteen thousand and four hundred) only per annum payable in advance.

3. This lease shall remain in force for a period of eleven months commencing from 1st April 1957.

4. The tenants are given option to extend the lease for a further period of two years on the terms given here under provided the tenants inform the landlord in writing six months before the termination of the lease of their intention to extend, along with an advance one year to be extended. This advance payment of rent must reach the landlords before the expiry of 28th Feb 1958.

5. The tenants shall have no right to sublet the property. But the landlords will not object to the inclusion of thei
























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