Keshav Prasad Gupta vs Shyam Sundar Agarwala And Others on 27 June, 2013
He refers case laws reported in 1989 (1) CHN page 1 (Mahindra &
Mahindra vs. Sm. Kohinoor Debi and 2013 (1) CHN (CAL) page 484
(Tara Chatterjee Vs. P. R. Dasgupta) to impress that if a lease for a fixed
term with the right or option for renewal in favour of the lessee remains a
lease for that fixed term only, until the option exercised, a lease for a
fixed term with the right or option in favour of the lessee of earlier
termination should also remain a lease for the period fixed, as the option
in each case creates, enlarges limits or extinguishes no right, title or
interest, until exercised. According to him, in the case in hand also the
entire lease period in terms of lease deed dated 15.12.1959 expired
without exercising option on either side and hence it remained lease for
the period as given in the lease deed.