SECRETARY OF STATE FOR INDIA Vs. VOLKAR BROTHER

JUDGEMENT

(1.) In both these appeals the Government is the appellant. There were two suits tried by the District Judge of South Malabar, one was a suit in ejectment by the Government and the other was a suit for specific performance by Messrs. Volkart Bros. These two suits arose out of the same set of facts and the learned District Judge dismissed the Government's suit for possession and decreed the suit of Messrs. Volkart Brothers for specific performance.

(2.) By an indenture, dated the 6 of June, 1821, between the United Company of Merchants in England trading in the East Indies on the one part and Mr. Francis Schuler of the other part, the said United Company granted a lease of land in British Cochin of the extent of four cawnis and odd for a period of 99 years to the said Mr. Schuler. The lease deed contains a clause for renewal which runs as follows: And also he the said Mr. Francis Schuler, his heirs, administrators, or assigns fulfilling the covenants and agreements contained in the said indentnre and on his part to be performed and yielding at the end and expiration of the aforesaid term of 99 years unto the said United Company, their successors or assigns the full and just sum of 100 pagodas current money of Fort St. George, then the said lease should and might be renewed for a further term of 99 years upon such terms and conditions as should be judged reasonable.

(3.) Mr. Francis Schuler assigned his interest in the lease deed and there have been several subsequent assignments and in the year 1907 the entire leasehold interest became vested in Messrs. Volkart Brothers. In 1913 or 1914 the Government acquired 30 cents from Messrs. Volkart Brothers paying them a price of Rs. 1,538-2-0. Some time later on the 29 of October 1914 Messrs. Volkart Brothers by Ex. 2, assigned their leasehold interest in acres 3-70 to the Cochin Club receiving a sum of Rs. 18,461-14-0 as consideration. Ex. 2 provides that in a certain event the Cochin Club would be bound to convey to Messrs. Volkarb Brothers a small part of the premises assigned to them. I may observe that we are not concerned with this clause.