Venkatasubba Rao, J.

1. In both these appeals the Government is the appellant. There were two suits tried by the District Judge of South Malabar, one was a suit in ejectment by the Government and the other was a suit for specific performance by Messrs. Volkart Bros. These two suits arose out of the same set of facts and the learned District Judge dismissed the Governments suit for possession and decreed the suit of Messrs. Volkart Brothers for specific performance.

2. By an indenture, dated the 6th of June, 1821, between the United Company of Merchants in England trading in the East Indies on the one part and Mr. Francis Schuler of the other part, the said United Company granted a lease of land in British Cochin of the extent of four cawnis and odd for a period of 99 years to the said Mr. Schuler. The lease deed contains a clause for renewal which runs as follows:

And also he the said Mr. Francis Schuler, his heirs, administrators, or assigns fulfilling the covenants and agreements contained in the said indentnre and on his part to be performed and yielding at the end and expiration of the aforesaid term of 99 years unto the said United Company, their successors or assigns the