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1934 Supreme(Mad) 316

HORACE OWEN COMPTON BEASLEY, KT.
K. P. Raman Menon – Appellant
Versus
The Malabar Forest and Rubber Company, Limited, in Liquidation now represented by H. H. Wadia, Esq. – Respondent


JUDGMENT

Horace Owen Compton Beasley, Kt., C.J.

1. The plaintiff is the appellant. His suit was dismissed in the trial Court and his appeal to the District Court was also dismissed.

2. The appellant by Ex. E, a lease deed, dated the 4th February, 1924, leased the suit properties to one Nilkanath Narayan Khale for a term of 75 years. It was admitted during the trial and in the lower Appellate Court and here that Khale was a benamidar for the Malabar Forest and Rubber Company, Limited. The High Court of Bombay on the 8th July, 1926, made an order for the compulsory winding up of that company on a petition, dated the 12th May, 1926, presented by Messrs. Sabnis & Co., the Managing Agents of the Company to whom Khale had assigned his rights under the lease, and Mr. Moos was appointed the Official Liquidator of the Company and represents them here as the first respondent. The point for consideration is whether there has been a forfeiture of the lease giving the appellant the right of re-entry as claimed by him. Both the lower Courts, upon a consideration of Ex. E, have negatived the appellants claim. The material part of the forfeiture clause in Ex. E, reads as follows:

or if the lessee beco









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