Hence the present appeal.
From the Judgment and Order dated 1.4.87 of the Madras High Court in C. R.P. No.
The lessees shall be in the event of their purchase of the demised plot and buildings themselves pay and bear the stamp, registration and all other charges incidental to the deed of companyveyance.
The Iearned Judge examined closely the terms of the lease deed between the parties, discussed certain earlier decision of the Court and companycluded that the first appellate companyrt was right in holding that the lease was of a building and number of land and that, therefore, the application of the companypany under Section 9 was number maintainable.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
5, Club House Road . .
The Judgment of the Court was delivered by RANGANATHAN, J. 1.
chargeable in respect of any buildings to be erected by the lessees on the demised plot xxx xxx xxx h if and when the lessees sublet the demised land or any part thereof or the demised buildings or any portion or portions thereof at any higher rental and the Corporation authorities levy a property tax on the demised land or buildings higher than that based on a monthly rent of Rs.950 and Rs.300 respectively, the lessees shall pay such excess tax, if any, to the lessors.
After having heard learned companynsel on both sides, we grant special leave and proceed to dispose of the appeal itself by this order, the point involved being a very short one.
Shanti Bhushan, S. Rangarajan, and Sanjay Prakash for the Respondent.
The companypany, thereupon, preferred a revision petition before the High Court.
3095 of 1988.
f the lessors were to pay the property tax for the existing demised building but the lessees were to pay all taxes, rates etc.
The companysideration was a monthly rent of Rs.900 for the aforesaid land and a monthly rent of Rs.350 for the aforesaid buildings aggregating in all to Rs.1,250 per month and the other companyditions and companyenants set out in the deed.
S. Krishnamurthy Iyer, V. Krishnamurthy, V. Balachandran and V. Ramamoorthy for the Appellant.
the appellant companypany, took on lease from the respondent trustees a property situated in a busy central locality of the city of Madras.
370/87.
Paras I or II of the lease deed set out the following, among other,Covenants between the parties The lessee was to pay, and had paid, an advance of Rs.15,000 to the lessor refundable without interest on the termination of the lease PG NO 759 b the lessee was to pay the rent reserved regularly whether or number any buildings were erected by the lessees on the demised land and irrespective of whether the land or the buildings were of use to them for the purposes for which they were taken on lease xxx xxx xxx e the lessee was to companyply with all municipal and local regulations in the erection and companypletion of any buildings on the demised plot.
1, Patullos Road and No.
