Mumbai Court August 1882 Judgments

In Re: Purmannadas Jeewandas and anr.

Court: Mumbai

Reported in: (1883)ILR7Bom109

Latham, J.1. At the request of counsel on both sides I now deliver my judgment on two preliminary points in this case viz., (1) is the covenant for renewal contained in the lease of October 1, 1794, a covenant for perpetual renewal or for a single renewal only; and (2) is the lessee under that lease, as confirmed by the indenture of May 10, 1870, entitled to remove and sell the soil and stones of the hilly ground comprised in that lease.2. The first question, though probably not of much pecuniary importance, is of considerable speculative interest. The current of legal opinion seems to have changed towards the end of last century, and then to have set against construing such covenants so as to import a perpetual renewal. The history of the earlier cases on the point is fully given in Cruise's Digest, Vol. 4, page 393, et seq. Tie earliest case there referred to is Bridges v. Hitchcock 5 Brown's Parl. Cases (2nd ed.) p. 6 a strong authority in favour of the lessee, but one which has in ...