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    <title>1949 (1) TMI 8 - FEDERAL COURT</title>
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    <description>An apportionment clause in a commercial lease on compulsory acquisition was construed by reading the instrument as a whole and in light of its commercial purpose, so the reference was to annual rent rather than monthly rent; the lessors were therefore entitled to twenty-five times the annual rent. On review, the High Court could invoke Order 41, Rule 33 CPC to grant relief to non-appealing proprietors, because omission to consider that discretionary power was treated as an error affecting complete justice. The appeal failed on both issues, and the High Court&#039;s decision was left undisturbed.</description>
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    <pubDate>Mon, 24 Jan 1949 00:00:00 +0530</pubDate>
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      <title>1949 (1) TMI 8 - FEDERAL COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=290480</link>
      <description>An apportionment clause in a commercial lease on compulsory acquisition was construed by reading the instrument as a whole and in light of its commercial purpose, so the reference was to annual rent rather than monthly rent; the lessors were therefore entitled to twenty-five times the annual rent. On review, the High Court could invoke Order 41, Rule 33 CPC to grant relief to non-appealing proprietors, because omission to consider that discretionary power was treated as an error affecting complete justice. The appeal failed on both issues, and the High Court&#039;s decision was left undisturbed.</description>
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