SUSHILA DEVI Vs. HARI SINGH

JUDGEMENT

(1.) The appellants are the legal representatives of Dewnani Vidya Wati. The said Vidya Wati was the owner of the village known as Kotli Delbagh Rai in Tehsil Gujranwalla. It appears that she used to give the lands in that village on lease for a term of years by calling for tenders and accepting the highest tender. In about January 1947, she published a notice inviting tenders from interested persons for taking those lands on lease for a period of three years beginning from Kharif 1947 to Rabi 1950. The tenders had to be submitted before January 1, 1947. Clause (3) of the tender notice stated that "the terms of lease can be perused in the Dewan estates office Jammu before filing of the tenders. No excuse of ignorance as to the time will be entertained after the acceptance of the lease."

(2.) A note containing the terms on which the lands would be leased was exhibited for the information of the tenders in the office of the lessor. For our present purpose the only terms that are relevant are those contained in Clauses 4 and 5 of the note. Clause 4 reads:

(3.) The respondents tendered in response to the notice calling for tenders. Their tender was accepted, along with the tender they deposit a sum of Rs. 1,000/- as earnest money. Later on they deposited a sum of Rs. 34,000/- as security for the payment of rent.