BANKIDAS MOOLRAJ AND CO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a civil regular first appeal against the judgment of the Senior Civil Judge No. 2, Jodhpur, dated 26th July, 1960 dismissing the plaintiff-appellant's suit for specific performance of a contract.

(2.) THE plaintiff appellant is a partnership firm registered under the Indian Partnership Act. THE Rajasthan Government published a notice Ex. 1 dated 28th November, 1955, in the Rajasthan Rajpatra dated 3rd December, 1955 inviting offers from parties desirous of purchasing or taking on lease the factories mentioned in that notice. Para 7 of the notice mentioned that lease of the factories will be on the conditions mentioned in the schedule to this notice. THE first condition was that the lease would be for a period of 20 years with an option to renew the same for further period of ten years to be exercised by the lessee after six month's notice in writing. THE case of the plaintiff appellant is that in pursuance of the said notice, the plaintiff submitted a tender for obtaining the lease of the Government Ice and Aerated Water Factory at Jodhpur and the said tender was accepted by the Government. THE lease deed Ex. A-1 was executed between His Highness the Rajpramukh of Rajasthan and the plaintiff appellant on the 15th May, 1956 and was registered on the 31st December, 1956. It may be mentioned that the duration of the lease as mentioned in Ex. A-1 was three seasons from the date of the taking over possession upto 31st October, 1958. THE case of the plaintiff appellant further is that on the 29th April, 1958, it sent a notice to the Government of Rajasthan intimating to them that the plaintiff appellant was exercis"ng the option to renew the lease as mentioned in condition No. 1 in the Schedule to the notice published in the Rajasthan Gazette, but the Government informed the plaintiff appellant that such option could not be granted. THEreupon the plaintiff served a notice under S. 80 C. P. C. to the State. In the notice it was also mentioned that the plaintiff appellant claimed Rs. 4,000/- for getting the possession of the factory late and Rs. 8,000/- as damages on account of expenses incurred by it on the machinery of the factory. After serving the notice, the plaintiff filed the suit against the State of Rajasthan on the 26th November, 1958 praying that the present State of Rajasthan be ordered to renew the lease in favour of the plaintiff appellant for a period of ten years from the 31st October, 1958 and to execute a deed for the same and the plaintiff appellant further prayed for a decree for Rs 4000/ -.

(3.) THE result is that the appeal is partly allowed and it is accepted to the extent that instead of a decree for Rs. 972/2/-, the plaintiff will get a decree for Rs. 2333/5/- with proportionate costs in both the courts. THE claim for specific performance of the contract is dismissed with costs in both the courts. .