KUKAM CHAND Vs. OM CHAND

JUDGEMENT

(1.) The land in suit is owned by one Abdul Hamid Khan. In the year 1957, om Chand, Respondent 2, obtained a lease for 99 years from the owner. On 29-3-1957, a registered lease deed was executed between the appellant and amarchand (Respondent 3) (hereinafter collectively called as "the tenants") on the one hand and Respondent 2 Om Chand on the other hand, whereby some area out of the said land measuring 14,740 sq ft was leased out to the tenants for a period of 10 years commencing with effect from 1-3-1957. The land had a low-lying level and the tenants were permitted to raise the level of the land, so as to bring it up to the road level at their own expense. The purpose of letting, as set out in the lease deed, was: "the second party (i. e. the tenants) is entitled to use it by itself or lease it out further to a sub-lessee. " the tenants were permitted by the terms and conditions of lease, to raise construction over the land subject to sanction by the Municipal Committee. On the expiry of the period of lease, the deed provides that the tenants shall not have any right to remain in possession of the land leased out, without the consent of the landlord; the tenants shall settle with the landlord about the construction so raised on the rented land and if the landlord does not wish to purchase the building/construction raised by the tenants, then the tenants shall be liable to remove the material/debris of the construction at their own cost and hand over the possession of the rented land to the landlord, The lease further provides that on failure of the tenants to do so, the landlord shall have a right to take possession of the same.

(2.) On expiry of the period of lease i. e. on 1-3-1967, the respondent landlord Om Chand and his power-of-attorney holder Nanak Chand, joining as co-plaintiffs, filed a suit against the tenants seeking the following reliefs (as reproduced in the judgment of the trial court) :

(3.) The trial court found the plaintiff Om Chand, the landlord, entitled partly to the reliefs prayed for in the plaint and directed the defendant tenants to settle the amount of compensation of the structure on the land in suit mutually with the plaintiff Om Chand within three months and otherwise, to remove the structure at their own cost and to vacate the land in suit and hand over possession of the vacant site to Plaintiff 2 Om Chand.