- (1.) Special leave to appeal is granted and the appeals are disposed of by a common order.
(2.) On 9/06/1936, Ramaswamy Gounder (the predecessor-in- interest of the respondents) executed a lease deed in favour of Gopal Sait (the predecessor-in-interest of the appellant). Certain passages from an English translation of the lease deed (which was in vernacular) are relevant for the purposes of the present case and they read thus: "Whereas the property viz. vacant land, well and kaichalai etc. belongs to the party of the First part as his ancestral property; Whereas the said property was leased out to party of the Second part on a monthly rental of Rs. 12-8-0 for 15 years and taken possession by the party of the second part from party of the First part on 3/12/1935. -. and the party of the Second part for his convenience and at his own expenses and costs (was) permitted to construct in the said vacant land and install petrol selling business. . After the expiry of lease period of 15 years i. e. on 12/02/1950 the lessee shall at his own expense remove the structure put up by him and deliver possession of the vacant land together with well and kaichalai in the present state. .
(3.) It is common ground that the total vacant area covered by the lease was 3600 sq. ft. and that the kaichalai, referred to therein, was thirty-seven and a half by sixteen and a half feet i. e. of the extent of about 600 sq. ft. It also appears that even though there was initially no door number for the kaichalai, it was eventually given door No. 82 and the suit premises we are concerned with bear door Nos. 80, 81 and 82.;