JUDGMENT

Shah. J.-Leave granted.

2. These appeals are filed against the judgment and decree dated 27.10.1998 passed by the High Court of Karnataka at Bangalore in RSA Nos. 1319-22 of 1996. By the impugned judgment and decree, the High Court set aside the judgment and decree passed by the lower appellate court and held that plaintiffs are entitled to recover the possession of lease hold property and decreed the suit accordingly.

3. Before dealing with the contentions of both the parties, we would refer to the relevant facts in short. One Nellikai Vyasa Rao was the owner on mulgeni right of TS No. 234 corresponding to RS No. 359 of Attavar village of Mangalore City. Out of the said property, on 1.11.1903, a registered mulgeni lease was granted for a land admeasuring approximately 35 cents (subsequently it was found as 40 cents) by Nellikai Vyasa Rao in favour of Ammanna Maistry. The relevant condition of the permanent lease deed-mulgeni chit dated 1.11.1903 executed by one Ammanna Maistry in favour of Nellikai Vyasa Rao, which requires consideration is as under:-

"In case I do not pay rent within time every year or if there is any short payment I am liable to pay the said sum with in