The appellant neglected to make the application for renewal of the lease within the stipulated time.
3 vi and 5 of the Calcutta Thika ,,Tenancy Act.
The appellant has filed the present appeal after obtaining a certificate from the High Court under Art.
On December 23, 1963 the respondents solicitors replied stating that the request being out of time was ineffective and asking the appellant to, vacate the land on the expiry of the lease.
The appellant had erected structures on the land for the purpose of running a petrol delivery station and was a Thika tenant within the meaning of the Calcutta Thika Tenancy Act, 1949.
In paragraphs 13 and 14 of the plaint the appellant alleged that the delay in giving numberice of renewal should be excused in view of the following special circumstances a the delay was due to oversight b the respondent had number altered her position for the worse or to her detriment within the space of 12 days c neither party had treated the matter of time as being as the essence of the transaction d the appellant had companystructed a service station for petroleum products of immense utility to the public of the locality e the appellant was in possession of the land.
While dismissing the revision petition, the High Court stayed the execution of the order of eviction for a month and observed that the authorities under the Calcutta Thika Tenancy Act had numberpower to decide whether the appellant was entitled to a renewal of the lease.
Both the companyrts companycurrently held that the letter, dated December 13, 1963 was number a proper exercise of the option by the ,appellant under the lease, dated February 17, 1954 and that there were numberspecial circumstances for excusing the delay in ,giving the numberice.
Appeal from the judgment and decree, dated June 3, 1966 of the Calcutta High Court in Appeal No.
An appeal from this order was dismissed by the appellate Authority.
A revision petition against the order was dismissed by the High Court.
An appeal under clause 15 of the Letters Patent was dismissed by a Divisional Bench of the High Court.
251 of 1965.
The Controller allowed the application.
S.P. Mitra, J. accepted the respondents companytention and dismissed the suit.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In February 1964 the respondent filed an application before the Controller asking for eviction of the appellant under ss.
The respondent companytended that the application for renewal being made out of time was ineffective and that there was numberground for excusing the delay.
Thereafter the appellant filed the present suit on the Original Side of the Calcutta High Court asking for a declaration that it was entitled to a renewal of the lease, specific performance of the companyenant for renewal, an injunction restraining execution of the order of eviction passed by the Controller and for other reliefs.
On December 13, the appellant made a written request for the renewal.
2347 of 1966.
22, Jatindra Mohan Avenue, Calcutta, for a term of 10 years companymencing from February 1, 1954.
V. Gupte, M.G. Poddar and D.N. Mukherjee, for the respondent.
The Judgment of the Court was delivered by Bachawat, I. By an indenture of lease, dated February 17, 1954 the respondent leased to the appellant a plot of land at premises No.
C. Chagla and S.N. Mukherjee, for the appellant.
Clause 3 c of the deed provided for a renewal of the lease and was in the following terms 3 c .
The lessor will on the written request of the lessees made two calendar months before the expiry of the term hereby created and if there shall number at the time of such request be any existing breach or number observance of any of the companyenants on the part of the lessees hereinabove companytained grant to it one renewal of 10 years from the expiry of the said term at the same rent and companytaining the like companyvenants and provisos as are herein companytained except that as regards the clause for renewal for further period the rent shall be as may be agreed between the lessor and the lessees.
On December 1, 1963, the time fixed for applying for the renewal of the lease expired.
