KANJI MANJI Vs. TRUSTEES OF PORT OF BOMBAY

JUDGEMENT

(1.) This appeal arises out of a suit tried in the Bombay City Civil Court at Bombay, filed by the respondents, the Trustees of the Port of Bombay, for the ejectment of the appellant, Kanji Manji and one Rupji Jeraji who had died even before the suit was filed, from a plot situated at Haji Bunder Mazgaon Sewri Reclamation Estate, Bombay, and for possession of the land. There was a claim for Rs. 10,871-14-0 being the arrears of water charges and property taxes, with which we are not concerned. The suit was decreed by the Bombay City Civil Court, and the appellant was ordered to vacate the suit premises and to deliver vacant possession thereof. An appeal was filed against the decree in the High Court of Judicature at Bombay, but it was dismissed summarily on September 24, 1959. The High Court also refused an application for a certificate, but the appellant applied for special leave, and having obtained it, has filed the present appeal.

(2.) In 1924, the Trustees of the Port of Bombay granted a lease of the said land to five persons, who were trading in partnership under the name and style of Mancherji Vadilal and Company. This lease was for a term of 10 years commencing from December 14 1923. For the first six months, the conventional rent of pepper corn if demanded, was payable, and thereafter for the remainder of the term, a monthly rent of Rs. 633-5-4 was payable on the first day of every month. The lessees were also to pay all rates, taxes, assessments, etc. One of the covenants of the lease was that the lessees would, at their own expense and during the first six months period, construct upon the said piece of land, buildings for use as bullock stables and offices according to the specifications given to them by the said Trustees and to be approved by them. It was provided, inter alia, that upon the expiration of the term, if the lessees had observed and performed all the covenants, they would be at liberty, at their own expense, to remove the buildings erected by them upon the demised premises on condition that the removal would be completed within three months after the expiration of the term. During this period of three months, the lessees were to pay the monthly rent and also to pay all rates and taxes etc., and if they failed to remove the buildings within the period of three calendar months from the expiration of the term and within like period to fill up all excavations and to level up and restore the land, the right to remove the buildings would stand determined, and the buildings would belong to the Trustees who would be entitled to remove them and to clear, level and restore the land and recover the costs from the lessees.

(3.) It is not clear from the record as to what happened actually after the expiry of the term. But on August 11, 1942, the Trustees of the Port of Bombay granted to Moreshwar Narayan Dhotre and Dinshaw Rustomji Ogra, carrying on business under the name and style of M/s. Dinshaw Rustom and Company and their respective heirs, executors, administrators and assigns, a monthly tenancy of the land together with the buildings standing thereon and all the rights, easements and appurtenances belonging to the premises on payment of monthly rent of Rs. 300, clear of an deductions, on the first day of each calendar month and payment of all rates, taxes, etc. The lessees covenanted not to add to, or alter the said buildings and conveniences etc., without previous consent, in writing of the Trustees and to maintain the property in good repair at their own cost. They further agreed