GULAM NABI ZARKOB Vs. GULAM RASOOL

JUDGEMENT

(1.) This is a civil second appeal. As required under S.100 of the Amended C.P.C., the following question of substantial importance was formulated by this Court for determination on 26-12-1984 when the appeal was admitted:- "Where the lease provides for a definite period of tenancy with the stipulation that on expiry of this period, the lessee even without the consent of lessor, will have the option to continue in possession of leasehold on payment of enhanced rate of rent, and the lessee in fact, continues in possession of the leased property after the expiry of this period whether such a lease is governed by S.111 Cl.(a) of the T.P. Act."

(2.) Two Courts below have decreed the suit against the appellant herein and have passed a decree for ejectment against the appellant, who challenges the said decree in this second appeal on the basis of the substantial question formulated and reproduced hereinabove.

(3.) The brief facts of the case for determination of this short question are as under: