1922 (3) TMI 5

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..... e third floor of a building on the Ballard Estate. The agreement which he asked the Court to specifically perform is at page 1, Part III, and runs as follows:- We agree to rent to Mr. Haji Shaikh Mahomed Shustary the top floor of our building under construction at Plot No 3 Ballard Estate for a period of five years and five years option at a monthly rent of ₹ 1500 only from the date of th .....

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..... st it would be impossible for the parties to draw up a formal lease in accordance with this document because its terms are too uncertain to be reduced to a formal document, and, secondly, it contains the words subject to the conditions and entering into a regular lease , which made the entering into a regular lease a condition precedent to the parties coming to a definite agreement. The learned .....

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..... ular lease would remain to be construed, and it is difficult to see how one could avoid bringing the case within the authority of Govind v. Hirachand. AIR1919Bom154 . In Winn v. Bull (1877) 7 Ch. D. 29 Lloyd v. Nowell [1895] 2 Ch. 744 and Watson v. McAllum (1902) 87 L.T. 547 it was held that the effect of the words subject to was to introduce a condition or proviso. It seems obvious to me, ther .....

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