RAJ KRISNLAL MARWAH Vs. GOVIND H ROHIRA

JUDGEMENT

(1.) The plaintiffs have sought a decree directing the defendants to vacate the suit premises and to hand over the same to them. The plaintiffs have also sought a decree for arrears of rent and mesne profits.

(2.) Defendant nos. 1, 2 and 3 expired and their heirs have been brought on record. I will refer to the original Defendant Nos.1, 2 and 3 as the lessees. Defendant no.4 is the Hind Saurashtra Service Industries Co-Operative Society Ltd.

(3.) The Plaintiffs claimed to be the owners and lessees of different portions of the suit land. Their title as such has not been denied. By a registered indenture of lease dated 19.2.1965 the plaintiffs leased / subleased the suit land to the original defendant nos. 1, 2 and 3 for a term of 98 years commencing from 1.2.1965 for the consideration and on the terms and conditions contained therein. The relevant clauses of the lease deed read as under : -