Madras High Court
The District Board Of Tanjore vs Vythilinga Chetty on 8 November, 1915
Equivalent citations: 31IND. CAS.919, AIR 1916 MADRAS 1224(1)
JUDGMENT
1. Assuming (without deciding) that there is in this case a covenant by the lessor to renew which is legally enforceable against him in a suit for specific performance, such a covenant cannot be pleaded in bar to a suit for possession brought by the lessor on the expiry of the term mentioned in the lease-deed, Exhibit E. See Achutan Nambudri v. Koman Nair 13 M.L.J. 217; Kurri Veerareddi v. Kurri Bapireddi 29 M. 336 : 16 M.L.J. 395 : 1 M.L.T. 153 and Gopalan Nair v. Kunhan Menon 30 M. 300 : 17 M.L.J. 189 : 2 M.L.T. 161. The covenant in Exhibit E, if enforceable against the lessor, would no doubt be a contract on his part to accept a registered renewal deed for rent for ten years on the same terms of Exhibit I, but such 'a contract does not contain a. promise by the lessor not to eject the lessee on the expiry of the term even though the lessee did not execute the new rent deed on the expiry of the first term.
2. The lower Appellate Court's decree is reversed and that of the District Munsif restored with costs here and in the lower Appellate Court on the defendant.