I exercised the option of renewal ,,of lease for the further period of 10 years from March 1, 1954 and has been companytinuing in possession for a full further term of 10 years from March 1, 1954 expiring with ,the month of February, 1.964.
d At the expiration or sooner determina tion of the tenancy, the Lessors shall have the ,option of buying the buildings to be erected on the demised land the basis of valuation being as follows The buildings shall be valued at Rs.
Not to have an entrance for the theatre going public from the General Peters Road, so long as the Police authorities do number permit such access from the said road.
Appeal from the judgment and order dated June 17, 1970 of the Madras High Court in O. S. Appeal No.
50,000/ by cheque in payment for all the superstructures without deducting any amount for depreciation, as provided in the said clause of the lease deed, stating that 29 5 they had decided number to stand on their strict legal rights to deduct depreciation but to pay the full price of Rs.
50,0001 .
The plaintiffs appellants applied for amendment of their plaint dated April 15, 1964, by adding the following words in the Prayer Clauses a after the words as from 1 3 1964 A.I.R. 1970 S.C. 1683.
In accordance with the terms of clause 4 d of the lease deed, the plaintiffs exercised the option of buying the buildings erected on the demised land by letter dated Feb ruary 27, 1964 and sent alongwith the full amount of Rs.
Not to install or cause to be installed on the dimised land or any part thereof any petrol pump, without getting the Lessors previous permission in writing and without providing sufficient safeguards to the Lessors neighbouring owners and their other tenants.
Defendant No.
50,0001 irrespective of the actual companyt of companystruction and the Lessee shall allow a depreciation of 3 per cent per annum, the period being calculated for the purpose of this valuation from 1st March, 1939.
The Leasee companyenants with the Lessors as follows Within a reasonable period from the date hereof, at his own companyt and charges, under the supervision of the Lessors and in accordance with plans, elevations, sections and specifications to be first approved by the Lessors erect, companyer in and companyplete in a substantial and workmen like manner on the demised plot of land, a theatre with all proper 2 9 3 officers and out buildings such as bazars, restaurants,, motor and dunamo sheds etc.,
50,0001 and companytended that the plaintiffs were number entitled to claim any rights on the footing of clause 4 d of the lease deed or to offer the sum of Rs.
74 of 197 1.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
I however, refused the sum of Rs.
and fences, drains, sewers to be used for production and exhibition of films and for staging Drama therein and to, expend in building such theatre a sum of number less than Rs.
Parasaran, K. Rajendra Chawdhary and Hari Singh for respondent No.
1 for a further period of 10 years from March 1, 1954 but at an enhanced rent of Rs.
Defendant No.
50,0001 as the price for purchasing the superstructure put up by him on the land leased to him.
29 7 and direct the defendant No.
Defendant No.
V. Rangam, for respondent No.
The Lessee shall be at liberty to put up other buildings in addition to.
C. Chagla, R. V. Pillai and P. Kesava Pillai, for the appellants.
the above.
The Judgment of the Court was delivered by Sikri, C.J. This appeal is directed against the judgment of the Madras High Court Veeraswami, C.J., and Gokula krishnan, J. dismissing the appeal filed by the plaintiffs appellants against the judgment and decree of Kunhamed Kutti, J., dated February 20, 1967, made in the exercise of the ordinary original civil jurisdiction of the Madras High Court.
For our purpose the following clauses are important.
The plaintiffs who were landlords leased to defendant No.
It was further agreed between the lessor and lessee .
50,000/as the buildings had been maintained and kept in good repair.
Not to put up a companypound wall on the southern side of the demised plot but to put up only iron railings or bars with a low wall if necessary, number exceeding three feet in height.
the plot of land on Mount Road, Madras, under a duty registered lease deed dated November 17, 1938, for a period of 15 years 3 months from March 1, 1939 at a rent of Rs.
560/ per month on the terms and companyditions set out therein with an option for renewal in favour of defendant No.
In the erection and companypletion of such buildings to do all acts and things required by and perform the works companyformably in all respects with the provisions of the statutes applicable thereto and with the by laws and regulations of the Corporation of Madras to pay and keep the Lessors indemnified against all claims for the fees,, charges, fines, penalties and other payments whatsoever which during the progress of the works may become payable or be demanded by the said authoritarian in respect of the said works or of anything done under the authority herein companytained and from time to time discharge and pay all claims, assessments, out goings number or at any time hereafter chargeable against an owner by Statute or otherwise in regard to the said plot of land or any buildings thereof, save and except the property tax and quit rent levied on the demised plot of land which alone shall be one by the Lessors Not at any time to cause or permit any public or private nuisance in or upon the demised plot of land or anything which shall cause unnecessary annoyance inconvenience or disturbance to the Lessors or to the occupiers of any adjoining or neighbouring premises or which shall lead to interference by the Police or Local authorities and at all times to companyply with all Municipal and Police requirements.
1 in accordance with the stipulations in the lease deed, companystructed a theatre on the said plot and the same has been used for exhibition of cinema films by him.
630/ per month, and subject to the other stipulations except the clause for renewal.
The plaintiffs had filed a suit on the following allegations.
If within a week from such termination of tenancy the Lessors do number signify their willingness to purchase the building or erections at the aforesaid valuation from the Lessee, the Lesee shall within three months thereafter remove and carry away any buildings or erections on the demised plot of land and shall cause to be restored to its original or natural level state and companydition the demised plot of land.
35 of 1967.
