B V PATANKAR Vs. C G SASTRY

JUDGEMENT

(1.) This appeal has little substance and must, therefore, be dismissed. The appellants are the decree-holders and the respondent is the judgments-debtor. On February 3, 1941, by a registered deed the father of the appellants leased to the respondent the house in dispute for a period of 10 years with an option of renewal for further periods for as long as the respondent wanted. This house was used by the respondent for his hotel.

(2.) The father died on January 25, 1945. On December 21, 1945, the appellants filed a suit for a declaration that the deed of lease of February 3, 1941, executed by their father was not for legal necessity or for the benefit of the family, that the alienation was not binding on them and the option of renewal under the lease was void and unenforceable on account of uncertainty. The appellants further prayed for delivery of possession and for a decree for a sum of Rs. 2.655/- as past mesne profits and future mesne profits at Rs. 250/- per mesne as from December 1, 1945. The respondent filed his written statement on March 11, 1946, and an additional written statement on November 26, 1946 whereby he raised an objection to the jurisdiction of the Court by reason of the Mysore House Rent Control Order of 1945. The trial Judge upheld the preliminary objection and dismissed the suit. On appeal, the High Court set aside the decree on the ground that the nature and scope of the suit had been misconceived by the trial Court and that it was not based on relationship of landlord and tenant and therefore S. 8(1) of the Mysore House Rent Control Order was inapplicable and the case was remanded for retrial.

(3.) On August 23, 1948, the suit was decreed,. The trial Court held that the lease was binding for the first period of ten years as from May 1, 1941, as it was supported by legal necessity; but the option of renewal was void and unenforceable for uncertainty and therefore a decree for possession was passed to be operative on the expiry of ten years, i.e., May 1, 1951. On appeal the High Court confirmed that decree on august 22, 1950