S.H. Kapadia, J. - (1.) This civil appeal, by grant of special leave, arises out of judgment and order dated 10.6.1999 of the High Court of Calcutta in FMA No. 37 of 1997 allowing the appeal of the respondent herein and setting aside the order of 2nd Assistant District Judge, Alipore, Calcutta, rescinding the agreement dated 16.8.1980 under section 28 of the Specific Relief Act, 1963 (hereinafter referred to as "the 1963 Act").
(2.) Briefly, the facts are as follows. Appellants herein are the Trustees of the Trust Estate of Raja Rajendra Mullick Bahadur owning suit premises bearing nos. 225B and 225C, Lower Circular Road, Calcutta with eight cottages and a main building, more particularly described in the schedule annexed to the lease dated 25.11.1960 executed by the Trustees in favour of Mohd. Ismail for 21 years commencing from 1.5.1960.
(3.) Some of the relevant terms and conditions of the said lease are as follows: "(i) The lessee, i.e. Mohammad Ismail, would pay monthly rent at the rate mentioned in the said lease;- (ii) The lessee would pay the entire occupiers share of Corporation rates and taxes; (iii) The lessee would be entitled to sublet all or any portion of the demised premises. The lessee would, however, be liable for regular payment of rents and for due observance and performance of the terms and conditions of the lease agreement; (iv) Upon the expiration or sooner determination of the lease, the lessee would be obliged to deliver quietly and peaceful possession of the property to the lessors; (v) The lessee would not do or suffer to be done anything in or upon the said property or any part thereof that may cause nuisance or annoyance to the lessors or the other tenants of the adjoining premises; (vi) The lease would take effect retrospectively from Ist May, 1960 and would be for a period of 21 years i.e. up to Ist May, 1981. (vii) The lease would come to an end in the event of the rents being in arrear for two months after the due date or in case of breach of any of the covenants of the lease agreement." ;