V.K.Jhanji, J.

1. This is defendants second appeal directed against the judgment and decree of the Courts below whereby suit of the plaintiff for ejectment of the defendant from the property in dispute, and also for recovery of arrears of lease money with interest, has been decreed and defendant has been directed to vacate the premises and deliver possession thereof to the plaintiff.

In brief, the facts are that defendant-bank has been occupying the building in dispute as tenant since about 1945 on a rent of Rs. 200/- per month. In the year 1983, plaintiff made a proposal to the defendant-bank to construct new building and to give the same to the defendant on enhanced rent and in that regard, sought loan from it. Defendant accepted the offer of the plaintiff and vide its letter dated 14.7.1983, conveyed its acceptance on certain terms and conditions. Some of the conditions were that the plaintiff would provide 2735 sq. ft. on the ground floor and first floor as per plan and rent would be Rs. 1.50 per sq. ft; that the construction of the building would be according to the plan and loan of Rs. 3 lacs or 75 per cent of the expenditure, whichever is less, will be granted on int