JAMSHED KHODARAM IRANI Vs. BURJORJI DHUNJIBHAI

JUDGEMENT

(1.) THE question in this appeal is whether the appellant, who was the plaintiff in an action for specific performance, is entitled to the relief he has claimed. Macleod J. decided that he is so entitled, but the High Court in appeal at Bombay reversed the decision and dismissed the action.

(2.) THE facts may be stated briefly. The Government of Bombay in 1898 granted to one Mothabai Bhikaji a reclamation lease of over 3000 acres of land near Bombay for a term of 999 years. The lease provided that the lessee should reclaim the land and bring it under cultivation within a period which was ultimately extended to the year 1910. He was also to maintain the reclamation throughout the term, and keep up certain roads, and make and maintain certain waterways and boundary marks, to the satisfaction of the local Collector. The lessee was further not to assign or underlet until the reclamation was complete, without the consent in writing of the Collector. In case of breach of any covenant or condition or provision of the lease the lessor had the right to re-enter and determine the lease. The lease was transferred in 1908 to the respondent, who had purchased it from the lessee.

(3.) THERE was a subsidiary agreement that the respondent should buy certain land belonging to the appellant for Rs. 30,000, to be deducted from the Rs. 81,000, but on this nothing turns.