SIVAYOGESWARA COTTON PRESS DEVANGERE Vs. M PANCHAKSHARAPPA

JUDGEMENT

(1.) This appeal by special leave granted by this Court on April 20, 1961, is directed against the concurrent decisions of the Courts below decreeing the plaintiff's suit for ejectment on the ground that the defendant is a tenant at will and negativing the appellants' claim to a permanent tenancy. The controversy between the parties depends upon the true construction of the lease dated October 26, 1914, executed between the predecessors in interest of the parties to the present litigation.

(2.) The facts leading up to this appear are as follows:-

(3.) One N. J. Gamodia of Bombay took on lease a piece of agricultural land measuring about 41/2 acres belonging to one Gurupadappa of Devangere City for the purpose of erecting a Ginning and Pressing Cotton Factory. The terms of the registered lease deed dated October 26, 1914, in so far as they are material for the determination of this appeal are better stated in the relevant portions of the deed itself:-