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PETITIONER: Dr. K. A. DHAIRYAWAN AND OTHERS
Vs.
RESPONDENT: J. R. THAKUR AND OTHERS
DATE OF JUDGMENT: 28/04/1958
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER SINHA, BHUVNESHWAR P. KAPUR, J.L.
CITATION: 1958 AIR 789 1959 SCR 799
ACT: Rent Control--Lease of land for fixed period-Lessee constructing building on land--Covenant for delivery of Possession of building to lessor on expiry of term of lease- Statute protecting lessee from eviction-If applies to covenant--Whether statute extends Period of lease-Bombay Rents, Hotel and Lodging House Control Act, 1947.
HEADNOTE: The lessors granted a lease of a parcel of land to the lessees for 21 years at a rent of Rs. 50 per month. Under the terms of the lease the lessees were to construct a double storeyed building on the land at a cost of not less than Rs. 10,000. The construction had to be to the satisfaction of the lessors’ engineers, and the building had to be insured for at least Rs. 12,000 in the joint names of the lessors and the lessees with an insurance firm approved by the lessors. In case of damage or destruction the building was to be repaired out of the money received from the insurance company. On the termination of the lease either at the end Of 21 years or earlier, the lessees were to surrender and yield up the demi...