Hegde, J. - (1.) The appellants are the legal representatives of Dewnani Vidya Wati. The said Vidya Wati was the owner of the village known as Kotli Delbagh Rai in Tehsil Gujranwalla. It appears that she used to give the lands in that village on lease for a term of years by calling for tenders and accepting the highest tender. In about January 1947, she published a notice inviting tenders from interested persons for taking those lands on lease for a period of three years beginning from Kharif 1947 to Rabi 1950. The tenders had to be submitted before January 1, 1947. Clause (3) of the tender notice stated that "the terms of lease can be perused in the Dewan estates office Jammu before filing of the tenders. No excuse of ignorance as to the time will be entertained after the acceptance of the lease."
(2.) A note containing the terms on which the lands would be leased was exhibited for the information of the tenders in the office of the lessor. For our present purpose the only terms that are relevant are those contained in Clauses 4 and 5 of the note. Clause 4 reads: "According to the terms of the tender the lessee shall be bound to get the Patta deed Registered within 15 days from the date of the acceptance of the lease. The expenses of the completion and Registration of the deed shall be borne by the lessee. The period of 15 days fixed for the completion and registration of the lease deed shall be the essence of contract In case the lessee is negligent to get the lease deed registered, the lease shall stand cancelled. The earnest money and the security shall also be forfeited. A fresh tender for the lands shall be called for and any loss caused in this connection shall be borne by the lessee." Clause 5 says: "The lessee shall be personally responsible to get the possession of the lands under Patta after the registration of lease deed. On getting the possession of the land the lessee shall get the counter part of the lease deed executed from his cultivators and deposit the same in the estates office. And shall furnish a certificate for any part of land which he keeps for his self cultivation. He shall inform and deposit fresh counter lease deed in case of any change in his cultivators and shall get a written receipt from the Manager for the same."
(3.) The respondents tendered in response to the notice calling for tenders. Their tender was accepted, along with the tender they deposit a sum of Rs. 1,000/- as earnest money. Later on they deposited a sum of Rs. 34,000/- as security for the payment of rent.;