Dictated Judgment

The Court: Both the appeals from decrees of dismissal are disposed of by this common judgment.

2. Two leases were executed by then shebaits of the Appellant Deites in or about the years 1908 and 1935 for initial terms of 80 years and 53 years respectively, with a one time option to renew the lease again in each case, for 10 years.

3. During the pendency of the terms, the shebaits filed suits for avoidance of the leases and for eviction. The decrees appealed against each dated 25th of November, 1976, and each passed by the Hon'ble Justice Salil Kumar Hazra, since deceased, were decrees of dismissal.

4. The appeals are of 1978.

5. In support of the two appeals Mr. Mitra and Mr. Sen have made submissions and for the respondent/defendant in both the appeals Mr. Bose has placed the case before us.

6. Because of the sheer passage of time it so happens that the validity of the leases initially executed is no longer a material issue. Taking that Mr. Bose's client's case that the option to renew was, duly exercised in cases of both the leases is correct, even then, it is in the year 1998 that the initially granted terms, along with the option terms, expired.

7. Applicatio