High CourtsDivision Bench(1915) 11 MAD CK 0012

The District Board of Tanjore vs Vythilinga Chetty

Madras High Court · Decided on 8 November 1915 · Citation: AIR 1916 Mad 1224(1) : 31 Ind. Cas. 919

HON’BLE JUDGES
Sadasiva Aiyar, J · Napier, J

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Judgment

9 paragraphs · 197 words
1.

Assuming (without deciding) that there is in this case a covenant by the lessor to renew which is legally enforceable against him in a suit for

specific performance, such a covenant cannot be pleaded in bar to a suit for possession brought by the lessor on the expiry of the term mentioned

in the lease-deed, Exhibit E. See Achutan Nambudri v. Koman Nair 13 M.L.J. 217; Kurri Veerareddi v. Kurri Bapireddi 29 M.P 336 : 16 M.L.J.

395 : 1 M.L.T. 153 and Gopalan Nair v. Kunhan Menon 2 M.L.T. 161. The covenant in Exhibit E, if enforceable against the lessor, would no

doubt be a contract on his part to accept a registered renewal deed for rent for ten years on the same terms of Exhibit I, but such ''a contract does

not contain a. promise by the lessor not to eject the lessee on the expiry of the term even though the lessee did not execute the new rent deed on

the expiry of the first term.

2.

The lower Appellate Court''s decree is reversed and that of the District Munsif restored with costs here and in the lower Appellate Court on the

defendant.