PANKAJ SALVA Vs. V. VIJAY LAKSHMI

JUDGEMENT

(1.) These three appeals are between the same parties. Hence, they are disposed of through a common judgment. For the sake of convenience, the parties are referred to as arrayed in SA No.1109 of 2011.

(2.) One Sri T. Shanker Singh, father of the 1st respondent, was the owner of premises bearing No.7-1-920 and 921 comprising of ground and first floors with built up area of about 1800 square feet at Secunderabad. The said premises were given on lease to the appellants in the year 1985. After the death of Shanker Singh, the property devolved upon his wife Sundari Bai and son, the 1st respondent herein. The 1st respondent and his mother executed a lease deed (Ex.A-1) on 05-01-1996 in favour of the appellant. The deed provided inter alia for the initial lease period of five years, renewable by another ten years with variable rents at the interval of five years. Sundari Bai is said to have died in June 2000 after executing a Will, dated 05-11-1999, bequeathing her share of property in favour of her daughter - in - law, the 2nd respondent herein.

(3.) The appellants addressed a letter to the respondents 1 and 2 stating that they are willing to extend the lease for a term of 10 years beyond 06-01-2001 and have send demand drafts representing the enhanced rents. It is stated that the respondents 1 and 2 have informed the appellants that the property was sold in favour of respondents 3 and 4 through registered sale deeds and that it is not possible to accede to the request of the appellants. The appellants made effort to pay rents to the respondents 3 and 4. However, they did not receive the rents nor was there any positive response for renewal of the lease. Hence, the appellants filed O.S. No.235 of 2001 in the Court of the First Junior Civil Judge, City Civil Court, Secunderabad, for the relief of specific performance of clause in the lease deed, for renewal of the lease by 10 years.