SIMON REUBEN Vs. HAJI SHAIKH MAHOMED SHUSTARY

JUDGEMENT

(1.) The plaintiff filed this suit for specific performance of an alleged agreement with the first and second defendants to let the third floor of a building on the Ballard Estate. The agreement which he asked the Court to specifically perform is at page 1, Part III, and runs as follows:- We agree to rent to Mr. Haji Shaikh Mahomed Shustary the top floor of our building under construction at Plot No 3 Ballard Estate for a period of five years and five years option at a monthly rent of Rs. 1500 only from the date of the completion of the same subject to the conditions and entering into a regular lease. A deposit of three months rent amounting to Rs. 4,500 only is paid on signing of this contract.

(2.) The learned Judge has passed a decree in favour of the plaintiff, directing the defendants to specifically perform the agreement and execute in favour of the plaintiff a lease of the third floor of the building situated on the Ballard Estate for a term of five years from the date of the completion of the said building, with an option to the plaintiff for a further period of five years at a monthly rent of Rs. 1500 such lease to contain the usual covenants.

(3.) The defendants have appealed.