ARDESHAR COWASJI PATEL Vs. KDAND BROS

JUDGEMENT

(1.) Plaintiff is a lessee of a plot of land at Kirkee measuring 13,639 square yards, under a lease from the Secretary of State for the term of thirty-three years from April 1, 1918.

(2.) The plaintiff sub-leased to the first defendant a plot out of the said land measuring 8,704 square yards. The sub-lease was dated April 8, 1922, but the term began from September 1, 192], and was for seven years. The rent reserved by the sub-lease is Rs. 600 per mensem, and the sub-lessee covenanted to pay a proportion of the ground-rent and taxes of the property so demised. The ground- rent was a proportionate part of the rent reserved by the head-lease to the Secretary of State.

(3.) On June 1,1922, defendant No. 1 with the consent of the plaintiff assigned by way of mortgage his interest as sub-lessee to the third defendant.