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1925 Supreme(Nagpur) 60

WADEGAONKAR
ONKARPRASAD M G NANDLAL – Appellant
Versus
BADRI DAS – Respondent


Advocates Appeared:
A V Khare, H S Gour, P C Dutt, Rudra, V Bose, W R Pendharkar, Advocates

JUDGMENT

Wadegaonkar—This appeal arises out of a suit for specific performance of a contract for renewal of a lease given by Laxmichand Jainarayan to the Hingoli Press Company Limited. The lease was in respect of a piece of land situated in the town of Akola and was to run for 30 years from 11th November 1887. A deed of lease was actually executed by the lessor in favour of the lessee on 19--7--1892 (Exhibit P-1). The rent payable was Rs. 75-0-0 per annum and it was provided by clause 2 of the deed, of lease that it should be paid in advance for each year at the beginning of that year i.e., on the 11th November. In clause 7 provision was made for renewal of the lease for a further period of 30 years on the expiry of the term of the lease. That clause has been translated thus : If the company desires to take the said land on lease for a further period of 30 years, it should intimate Laxmichand Jainarayan at his Khamgaon shop by a notice its desire to that effect as soon as the aforesaid period of lease for 30 years expires and if such notice is received and provided the company has during the 30 years acted as it ought to have done according to the conditions in this agreement of lea














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