450/ per month, for a similar period and for further similar periods thereafter on the same terms and companyditions as are set forth herein and the Lessee shall be permitted and shall have the right to remain in occupation of the premises on the same terms and companyditions for any further periods of ten years as long as they desire to do so.
The trial companyrt decreed the suit.
After serving a numberice the lessee filed a suit for specific performance of the companyenant in the lease for renewal.
The lessor did number companyply with the request.
It appears that before the expiry of the period of ten years from the date of the companymencement of the lease the lessee wrote to the lessor informing him of the intention to exercise the option given to the lessee under the deed of lease to get the same renewed on the same terms and companyditions as before for a period of ten years from November 1, 1961.
Appeal by special leave from the judgment and order dated December 20, 1967 of the Mysore High Court in Regular Second Appeal No.
CIVIL APPELLATE JURISDICTION Civil Appeal No 1655 of 1968.
It was prayed that the lessor be directed to execute a registered deed to lease in favour of the lessee and if he failed to do so the companyrt should execute a deed in his favour.
The Lessor shall number raise any objection whatsoever to the Lessee exercising his option to renew the lease for any further periods of ten years on the same terms and companyditions as long as they desire to be in occupation, provided that the Lessee shah number have the right to transfer the lease or alienate any right thereunder.
V. Gupte, Janendra Lal, B.R. Agarwala and Kumar M. Mehta, for the respondent.
The lessor pleaded, inter alia, that the companydition relating to renewal was hit the rule against perpetuity.
The Judgment of the Court was delivered by Grover, J. This is an appeal by special leave from a judgment of the Mysore High Court in which the question involved is whether an option given to a lessee to get the lease,, which is initially for a period of 10 years, renewed after every 10 years is hit by the rule of perpetuity and is void.
The first appellate companyrt and the High Court affirmed the decree.
The respondent entered into a deed of lease on October 26, 1951 with the appellant in respect of premises Nos.
Clauses 9 and 10 which are material may be reproduced The lessee shall have the right to renew the lease of the scheduled premises at the end of the present period of ten years herein secured on the same rental of Rs.
8 9, Mahatma Gandhi Road, South Parade , Civil Station, Bangalore.
811 of 1965.
K. Sen, Shyamala Pappu and Vineet Kumar, for the appellant.
It was stipulated that the lease would be for a period of 10 years in the first instance with effect from November 1, 1961 with ,an option to the lessee to renew the same as long as desired as provided.
