PETITIONER:

PROVASH CHANDRA DALUI & ANR.

Vs.

RESPONDENT:

BISWANATH BANERJEE & ANR.

DATE OF JUDGMENT03/04/1989 BENCH:

SAIKIA, K.N. (J)

BENCH:

SAIKIA, K.N. (J)

OZA, G.L. (J)

CITATION:

1989 AIR 1834 1989 SCR (2) 401

1989 SCC Supl. (1) 487 JT 1989 Supl. 92

1989 SCALE (1)844 ACT:

Calcutta Thika Tenancy Act, 1949: Section 2(5)(b), Thika tenant: if stated period of tenancy less than 12 years and not otherwise.

Indian Contract Act, 1872---Contract--To be construed with reference to object and whole of its terms--’Ex antece- dentibus et consequentibus’ circumstances surrounding crea- tion and subject matter which it was designed to apply to should be taken into account.

Indian Evidence Act, 1872: Section 115--Estoppel and waiver-Distinction between--Voluntary choice essence of waiver.

Words and Phrases: ’extension’--’Renewal’---Dis-

tinction between.

HEADNOTE:

The second respondent, who is the predecessor in inter-

est of the first respondent, had on. 26th September, 1946 leased out the land in dispute to the appellant at the first instance for a period Of 10 years. The lease however provid- ed to the lessee/appellants option of extension at enhanced rent, twice for successive periods of 5 years, and a third op