SAVITRI DEVI AMAR Vs. A M BOSE

JUDGEMENT

(1.) The premises belonging to the appellant (landlord) are built on a plot of land which was originally leased to the predecessor of the landlord in 1933 by the Chief Commissioner, Delhi. The said lease of the plot was, however, superseded by another lease dated 7-2-1942. Paragraph 2 (6) of the lease deed is as follows :

(2.) The premises were let out to the respondent in 1937-38 for a lodging and boarding house by the predecessor of the landlord.

(3.) In 1957 and 1958 the Chief Commissioner complained to the landlord that the premises were being used by the respondent tenant as a mess contrary to the conditions of the lease of the plot given by the Government to the landlord and threatened re-entry. After the landlord had paid the penalty for the alleged breach to the Government she gave a notice to the respondent (tenant) on 19-5-1964, stating inter alia, that :