KOCHUMAN MATHEW Vs. T N K ESTATES

JUDGEMENT

(1.) THE defendants-respondents in Appeal No. 185 of 1970 on the file of this court seek leave under Article 133 of the Constitution of India, to prefer an appeal to the Supreme Court against the judgment and decree of this Court rendered therein. The relevant facts are The plaintiffs, who owned a rubber estate of an extensive area, leased out the same to one English and Scottish joint Co-operative Wholesale Society Ltd. , London, and the period of the demise was from 1940 and ending with 1988. The English Society continued in possession of the demised property but subject to the covenant that they had an option to surrender the demised lands during the course of the period of the lease. It transpires that almost contemporaneously with the beginning of the lease, the English Society (hereinafter referred to as the head lessee) leased out the property to the defendants (hereinafter referred to as the under lessees) for the very same period. Under the lease deed which governed the relationship of head lessee and the under-lessee, it was provided -

(2.) INITIALLY the decree that was drafted could not spell out the intention of the learned Judges clearly. Therefore it was amended on the application of the parties. While amending the decree, the learned Judges made it clear that issues 1, 2 and 3 framed in the original action had been fully decided and were no longer open for trial on remand by this Court. They further explained that issues 4 and 5 alone shall be adjudicated upon further on remand. In the result, they made the following observation -

(3.) WHETHER the plaintiffs are not entitled to the benefit of and enforce the provisions incorporated in clause 14 of the Sub-lease agreement dated 9-8-1946 ?