AGHILESWARA AIYAR Vs. SHAMU AYYAR

JUDGEMENT

(1.) The substantial and the only question for determination in this second appeal is whether the original of Ex. A evidences a lease from year to year or a lease for 12 years.

(2.) The District Munsif held that the lease evidenced by the original of Ex. A was one from year to year, determinable on notice. The Subordinate Judge set aside this finding and came to the conclusion that the lease must have been one for 12 years.

(3.) Exhibit A is simply a kychit. It does not specifically say that it is either for 12 years or it is from year to year. The previous history of the holding of the property is referred to in Ex. A. It shows that the earliest demise of the property was of the year 1889. Then there was a melcharth on August 2, 1897, which is expressly stated to have been for a period of 12 years. (See Ex. I). The original demisee took an assignment of this melcharth right. It is with respect to the property held under this right that a renewal was executed and this is the suit demise Ex. A. After mentioning the terms of the holding, the document ends with the statement that Rs. 45 has been paid as sowjanyam." The learned Subordinate Judge on a construction of the terms of the document came to the conclusion that Ex. A must be held to be a lease for 12 years. As stated already, it does not state the period for which the renewal was executed but it expressly says that the renewal that has been given under the document is a renewal of the property held under the previous melcharth which was expressly made for 12 years. When the prior demise was for a term of 12 years and it has been renewed without any term being mentioned, I think the fact of the renewal may be taken as proof that the new demise also is for a period of 12 years. This is the view of the learned Subordinate Judge. It may also be stated that reference is made in the document to the payment of sowjanyam for renewal. It is not customary in the case of leases from year to year to pay sowjanyam for renewal. These two circumstances suggest that the original of Ex. A must be held to have been a lease for 12 years.