BASHESHAR NATH Vs. DELHI IMPROVEMENT TRUST

JUDGEMENT

(1.) THIS is a defendant's appeal against an appellate decree of the First Addl. District Judge. Delhi, dated 28-10-1950, confirming the decree of the trial Court whereby the suit of the plaintiff was decreed.

(2.) TWO leases were entered into between Basheshar Nath and the Delhi Improvement Trust, one dated 21-8-1940, and the other dated 5-9-1941. In both cases the land demised was vacant land which was owned by Government but was under the management of the Delhi Improvement trust. The terms of the leases were the same excepting that in the first lease an eighth clause was added. The relevant conditions of the lease were: (1) that the lease was not to be determined until one of the parties thereto gave thirty days' notice in writing to the other to quit; (2) that the lease was determinate at the option of the lessor without any notice if there was default in the payment of the rent or on any breach of the covenants; (3) that at the determination of the lease, no matter how it was brought about, the lessor had the right to enter upon the property leased and take possession of it with all buildings, etc. In the first lease there was an eighth clause which was not in the second lease and it was as follows:

(3.) ON 21-1-1946, three months' notice was given by the lessor to the lessee to quit which was to begin with effect from 1-2-1946. On 22-1-1945, Basheshar Nath asked for a year's period of grace. This was refused on 13-5-1946, and the lessee was asked to quit within fifteen days of the receipt of the notice.